Richard Saynor Essex Street London WC2R 3AA Profile.

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1 Profile Richard is a highly regarded and sought after practitioner with a busy advisory and court practice. His practice encompasses both criminal and civil law, with an emphasis on asset forfeiture and recovery. Richard is a compelling and persuasive advocate, combining an astute tactical analysis with clear, succinct submissions. He is known for his calm manner and practical approach, which wins the trust and confidence of both professional and lay clients. He both prosecutes and defends, and regularly accepts instructions on behalf of companies, individuals, and government departments. He is also direct access qualified and can receive instructions direct from members of the public. Much of Richard s work involves an international element, and he routinely acts for those who operate and / or live in foreign jurisdictions. Richard was responsible for obtaining the UK s first European Supervision Order, allowing an EU national to be bailed back to their member state pending trial, subject to conditions monitored by the local police force, rather than remain in custody in the UK. He continues to advise on the obtaining of such orders. Crime Richard prosecutes and defends in the Crown Court and has considerable experience of acting in a wide range of serious matters. Richard works tirelessly for his clients, and in 2015 obtained the EU s first European Supervision Order in Criminal proceedings, which allowed his Spanish client to be bailed back to Spain pending trial, with the Spanish authorities agreeing to monitor his English bail conditions. He has defended those being prosecuted by the CPS for a wide range Richardsaynor@23es.com Richardsaynor@23es.com.cjsm.net Counsel s Clerk David Cox davidcox@23es.com Primary Areas of Practice General Crime Restraint, Asset Forfeiture, and Confiscation Fraud and Financial Crime Education MS.t, Law Faculty, Cambridge University Diploma, Law Faculty, Cambridge University MA, History Faculty, Oxford University Awards Middle Temple Major Scholarship, Astbury Oxbridge Scholar (2007 to 2009) Mansfield College Scholar: 2005 to 2007 (Oxford University). Undergraduate Thesis prize (Oxford University). Professional Panel Appointments SFO B Panel member (Proceeds of Crime) CPS Specialist list (Proceeds of Crime) CPS Grade 3 Prosecutor

2 of offences, including conspiracy, armed robbery, serious violence, the production and supply of drugs, sexual offences, and fraud. He is also regularly instructed to defend clients in cases brought by the RSPCA, the Department of Work and Pensions, and HMRC. Richard has been instructed to provide clients with pre-charge advice, and he has also helped to advise corporations on their criminal liability. Concerning prosecution, Richard is a Grade 3 CPS advocate and is routinely instructed to prosecute matters in the London and Thames Valley areas. His experience includes prosecuting serious matters for the CPS Serious Organised Crime Unit, RASSO, and the Homicide Unit. Richard also has considerable experience acting on behalf of private prosecutors, such as the Department of Business Innovation and Skills, HMRC, and the Health and Safety Executive. Further, Richard has advised the Government of Kazakhstan on the initiation of private prosecutions for a series of offences within England and Wales. Restraint, Asset Forfeiture and Confiscation Richard is instructed on a consultancy basis for the National Crime Agency s Civil Recovery and Tax Department, where he is currently the lead lawyer on all of their high profile criminal confiscation cases, as well as conducting and being exposed to many of their high value civil recovery and tax tribunal claims. Richard has considerable experience of the Proceeds of Crime Act 2002 and asset forfeiture. He has provided advice and represented parties in criminal confiscation cases under Part 2 of the Act, High Court civil recovery under Part 5 of the Act, and tax tribunals under Part 6 of the Act. Richard also advises and represents the NCA on matters concerning suspicious activity reports under Part 7 of the Act. He regularly lectures on POCA, and has provided training to the CPS, National Crime Agency, and also internationally, including to lawyers in foreign jurisdictions. Richard is happy to act in restraint, criminal confiscation, civil recovery, enforcement, tax and cash forfeiture proceedings.

3 Regulatory and Disciplinary Proceedings Richard advises clients within the financial services industry, including on criminal and civil liability. His approach to this type of advisory work recognises the importance of considering the commercial and practical implications for his clients. Notable Cases: General Crime Murder: R v HB (Central Criminal Court): acted as junior in the prosecution of a 3 day murder at the Central Criminal Court involving a defendant who was pleading not guilty by reason of insanity. R v MW: (Snaresbrook Crown Court) acted as junior in the prosecution of a 3 week murder at Snaresbrook Crown Court involving a defendant who had stabbed his brother-in-law to death at a family wedding. Armed Robbery R v P and C: (Central Criminal Court): successfully prosecuted an armed robbery investigated by the flying squad where the defendants had robbed a cash convertor shop armed with an imitation firearm. R v TM (Kingston Crown Court): Richard defended a young man who had pleaded guilty to an armed robbery upon a kiosk using a revolver, with another older man. Successfully obtained an extremely lenient non-custodial suspend sentence, after placing before the court all the mitigating circumstances. R v MD (Isleworth Crown Court): defended an individual who pleaded to 6 counts of armed robberies against banks and post offices, having stolen over 200,000. He had similar convictions for multiple armed robberies on two other occasions. Following submissions the judge was persuaded not to impose a life sentence pursuant to s. CJA Sexual Offences R v CGG (Isleworth Crown Court): obtained a European Supervision Order allowing a Spanish national, who was remanded in custody, to

4 return to Spain pending his trial for rape. At his trial a year later he was acquitted of two counts of rape. R v JB: (Kingston Crown Court): concerned a Spanish national who had pleaded guilty to a violent sexual assault on a stranger who he followed home in the early hours of the morning. Following submissions, Richard secured a sentence of 1 year 6 months, down from the judge s initial indication of 4 years custody. R v FCM (Isleworth Crown Court): obtained a European Supervision Order in the UK, allowing a Spanish national, who was remanded in custody, to return to Spain pending his trial for sexual assault whilst on an aircraft. R v W: successfully defended a man charged with committing historic sex offences. R v TM (Canterbury Crown Court): represented a defendant charged with causing / inciting a child, his niece, to engage in sexual activity. Drugs / Importation: R v DS (Aylesbury Crown Court): successfully defended a Spanish national who was accused of facilitating the illegal entry of multiple non-eu nationals whilst working as a lorry driver. DL v R (Court of Appeal Criminal Division): successful appeal against sentence where the defendant, a Spanish national, had pleaded guilty to importing 50KG of cocaine and the judge at first instance had found a starting point of 21 years. On appeal the Court of Appeal accepted the submissions that the starting points should have been substantially less, namely 15 years, and reduced the sentence accordingly. R v SS (Canterbury Crown Court): represented a lorry driver, a Spanish national, who had been found guilty of importing 5 tons of cannabis from Spain into the UK. Following submissions the judge agreed to impose an extremely lenient sentence of 5 years. R v X (Southwark Crown Court): successfully prosecuted a number of connected conspiracies to supply class A and B drugs cases at Southwark Crown Court, that had been investigated by the Operation Trident team.

5 Confiscation, Civil Recovery, and Asset Recovery Confiscation Richard advises and represents the NCA on a large number of legacy confiscation cases, which were inherited by the NCA from a time when confiscation was conducted by its predecessors (ARA and then SOCA). Examples include: NCA v JJ and MD (Isleworth Crown Court): A case where the benefit figure was found to be circa 15,000,000 and Orders were agreed in the sum of 2,500,000 and 1,000,000 against the two defendants. The NCA is still enforcing this matter, and has, in relation to JJ, successfully resisted s.23 applications to downward vary, successfully enforced the order for the full default term, and successfully resisted judicial review of these decisions, and in relation to MD is currently seeking to enforce the order. NCA v DH: A case where the defendant committed fraud. After a confiscation benefit was found to be 6,000,000 and the available amount circa 3,000,000. Since taking over this legacy case the NCA have now successfully enforced the entire order, in a case where the defendant was extremely litigious. This included having to obtain enforcement receivers over all the assets, resist s.23 applications, resist application to the Administrative court, and numerous appeals in the Civil and Criminal Court of Appeal. NCA v SJ (Birmingham Crown Court): The defendant was convicted of copyright offences. Protracted proceedings have followed, including resisting s.23 applications, applications for enforcement receivership, and now enforcement of the Order. Civil Recovery and Tax Richard has worked with the NCA on a number of High Court Civil Recovery and tax cases. He has also represented the NCA at the interim hearings for such cases. Examples include: NCA v LM, SM, AM (Op Raskolnic): Claim for 2,000,000 made against the wife and children of a member of the Liverpool drugs OCG, who had passed on the assets to them. The funds were successfully recovered, including 1,500,000, which was lodged overseas in a

6 Luxembourg bank account. NCA v MB (Op Constancy): Claim against the defendant who was involved in tax and vat fraud, and European drugs importation. The Claim was made against the considerable assets he had accumulated, mainly in property and high end vehicles. After litigation the Claim was successfully settled for circa 2,500,000. NCA v MSA: a case involving the USA s request to the UK to obtain a Prohibition Order pursuant to the Proceeds of Crime Act 2002 for the first time, over tens of millions of pounds of assets held in the UK, which were said to derive from the corrupt dealings of the former political leader. NCA v Connors (Fruitless): a High Court and tax tribunal claim for circa 750,000 of unpaid tax on income which said to be derived from criminal activity. NCA v Butt and Begum (Sancta): a High Court and tax tribunal claim for circa 1,000,000 of unpaid tax on income which said to be derived from criminal activity. HMRC (Op Gronigon): instructed as independent counsel for HRMC, who were conducting an investigation into an alleged VAT fraud. It was known that th suspects were already being prosecuted by the CPS for another unrelated allegation of fraud. Therefore, in order to obtain and effect a search warrant HMRC were required by the court to have independent counsel review all material seized.