James Vine

Year of Call: 1977

James specialises in VAT and Excise fraud, Computer fraud, Corporate and Income Tax fraud, Drug Importation, Immigration Fraud and confiscation proceedings.

He was on the 'A' list of Counsel approved by the Attorney General to prosecute H.M. Customs and Excise and Inland Revenue cases for fifteen years as well as being instructed by the Serious Fraud Office.

He regularly appears as a leading junior. He has extensive experience of conducting Public Interest Immunity applications and Confiscation hearings.

He has developed a computer database program which over the last twenty years has been used successfully in the preparation and presentation of numerous complex cases, together with extensive experience of preparing cases involving Electronic Presentation of Evidence, (EPE) in court.

More recently he has concentrated on The Bribery Act 2010. This has involved the preparation of many Seminars to Solicitors and Corporate clients of Chambers in their own specialist areas, including the RICS, SME's and Forensic Accountants, as well as advising on the design and implementation of bespoke in house procedures to prevent Bribery in anticipation of the introduction of the offence of Failing to prevent Bribery.

In addition he has been involved in the design and presentation of an eLearning course on on the Act with a leading software house in the West Country, with a further course planned for a commercial organisation in India.

He has established a number of links with Anti Corruption professionals across the globe, particularly in the USA, The Far East, Russia and the CIS.

The highlight so far has been the hosting of a Seminar in St Johns at which the invited guest speaker was Vivian Robinson QC, General Counsel to the Serious Fraud office.

Articles / Publications

Click here for James Vine's latest articles.

Specialist Practice Areas

• Public Law
• Extradition
• Civil Law

Cases of note

• Serious Fraud Office

• Re JT and WC
  Investigation into allegation of overseas corruption in Nigerian oil industry. Issues relating to liaison with Swiss Authorities concerning disclosure of Banking Records, and co-operation, (or lack of it) with United States Justice Department.
• R -v- H & W
  Junior Counsel prosecuting Fraud and Conspiracy to pervert the course of Justice against solicitor defendants.
• Re B and anr
  Instructed to advise on investigation into protracted commercial fraud involving Fraudulent Trading and offences under the Insolvency Act and the Company Directors Disqualification Act.

• Other Recent Cases

• R -v- X
  Defending person accused of committing an offence whilst acting as an informant for the same prosecuting authority.
• R -v- Angela Edgar.
  Defending wife of Printer of Counterfeit £20 Bank of England Notes
• R -v- Waithe - Leading Junior
  Defence of former Olympic Judo competitor accused of acting as Minder and Enforcer for Bristol Drugs and Firearms Cartel
• Vat Tribunal appeal
  on behalf of City Livery Company claiming exemption from VAT on membership subscriptions
• R -v- Waris Ali
  Defendant and brother accused of Conspiracy to pervert the course of Justice following collision on M4 in which another driver was killed
• R -v- Fajardo-Manas
  Successfully defending a man accused of importing 35 kgs Cocaine
• R -v- Wolyniec
  Successfully defending a man accused of organizing importation of 30kgs Cocaine
• R -v- Jules
  Successful defence of lorry driver accused of importation of 15kgs Ecstasy
• R -v Fitzgerald
  Defendant acquitted of drug dealing, then successfully pursuing proceedings against HMRC for recovery of monies seized on arrest.
• R -v- Djouma
  Defendant accused of systematic "ringing" and exportation of Mercedes vehicles to Eastern Europe
• R -v- Whitehead
  Defence of historical sexual abuse by stepfather
• R -v- McCarthy
  Defending man accused of theft of helicopter, and money laundering. Special Branch Investigation, involving breaches of Air Navigation Order.
• R -v- Crate-Lionel
  Defence of brother accused of rape of half-sister. CPS instructed silk to deal with unique HRA argument
• R -v- Clarke
  Defendant accused of being "enforcer" for Chinese debt collector.
• R -v- Gunlu (Operation Bluesky)
  VHCC case involving Turkish Immigration Facilitation Gang
• R -v- Emmanul Fryers
  Defending former IRA member charged with conspiracy to steal concrete pump lorry from Luxembourg. Special Branch investigation.
• Operation Retriever
  Prosecuting as leading junior, three linked trials for CPS Casework Directorate concerning a building materials and labour fraud on Rail track
• Operation Bourne R -v-Brady [2004] EWCA Crim 1763
  Junior Counsel to Richard Sutton Q.C. at Birmingham Crown Court, prosecuting an Inland Revenue "Phoenix" fraud. Defendants were directors of a group of companies, responsible for a series of contrived liquidations. Trial began with 11 week legal argument considering issues of admissibility of evidence secured, and investigation based on material compulsorily acquired under the Company Director's Disqualification Act, and the Companies Act.
• R v Philip Hendry
  Prosecution of a Church of England Vicar on allegations of extensive fraud and theft from Parish accounts, involving in excess of £100,000, in order to finance his companion's cocaine addiction, together with a linked allegation of attempting to pervert the cause of justice
• R v Avtar Singh Hundal [2004] EWCA Crim 389
  Defence, as Leading Junior, of Member of International Sikh Youth Federation. Organisation banned in Britain by virtue of Terrorism Act 2000. Defendant lived in Germany where organisation legal. Arrested by Special Branch as he drove off the ferry on first ever visit to England. First ever prosecution for this offence. (Senior and Junior Treasury Counsel instructed). Issues of:
  1. Admissibility of material acquired compulsorily under Schedule 2 of the Act (Post YJCEA)
  2. Compatibility of the limitations on the Statutory Defence with HRA.
  3. Application of Article 7 to defence where no overt act to be relied on by Prosecution within this jurisdiction to defeat statutory defence.
  4. Extensive PII argument in relation to material withheld by Special Branch
  5. Leave to appeal Conviction granted and reserved to LCJ.
• R v Paul Martin
  Prosecution of Ice Cream seller on behalf of both Inland Revenue and HM C&E. Defendant failed to pay more than a small fraction of Income Tax or VAT due for nearly a decade, on proceeds of sales from his fleet of Ice Cream vans.
• Operation Buzzar
  Leading Junior prosecuting Excise fraud. Container loads of cigarettes from Eastern Europe. Own Database used to Schedule large quantity of material, phone calls, observations, various events. Six Defendants. Also involves extensive use of i2 analysis software. Evidence presented at trial by computer.
• R -v- Christopher Putka
  Leading Junior successfully defending former Immigration Officer on an allegation of forgery, immigration and gang master fraud. Four month trial at Canterbury Crown Court.
• R -v- John Stanesby
  Defending member of Fathers for Justice accused of endangering road users by climbing to the top of the Tamar Bridge and sitting there for a week.
• R -v- Ronald Palumbo
  and ors, Prosecution as Leading Junior, of Serving Metropolitan Police Officer involved in conspiring to import four lorry loads of cannabis, whilst awaiting trial on corruption charges.