Vivian Walters

Year of Call: 1991

Vivian has over twenty years' experience in prosecuting and defending serious crime. Vivian has significant experience in organised crime cases; in particular those involving drugs, firearms and serious violence as well as money laundering and fraud. She also has extensive expertise in serious sexual offences.

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Overview

Vivian has over twenty years' experience in prosecuting and defending serious crime.  As a testament to Vivian's skills and experience, she is an appointed treasury counsel monitoree and standing counsel to the former RCPO.   

Vivian is an experienced criminal barrister and is instructed to prosecute both as leading counsel and alone.  Vivian has particular expertise in complex frauds, white-collar crime, financial crime, proceeds of crime and asset forfeiture instructions.  

Vivian is often instructed in cases involving the Serious Organised Crime Agency (SOCA), now the National Crime Agency (NCA).  Vivian's cases often involve major drugs and money laundering; cash in transit robberies investigated by the flying squad; and people smuggling cases investigated by UKBA as well as serious violence, firearms and gang-related activity for other police areas.

Vivian also has extensive experience, and is regularly instructed in cases involving serious sexual violence and rape.

Professional panel appointments

  • Vivian is a grade 4 Crown Prosecution Service (CPS) prosecutor of appointed advocates.
  • Vivian is a specialist prosecutor for the CPS organised crime and fraud divisions.
  • Vivian is a CPS specialist prosecutor for the CPS rape and serious sexual offences panel.

Additional Information

Direct Public Access

  • Vivian accepts Direct Public Access instructions.

Lectures

Vivian lectures regularly on a variety of topics: most recently on The Fraud Act, the use of assisting offenders under s73 of the Serious Organised Crime and Police Act and confiscation proceedings. She has also written for the Criminal Law Review.

Professional Memberships

  • Criminal Bar Association.
  • Proceeds of Crime Lawyers’ Association.
  • Amnesty.

Asset Recovery, Civil Fraud & Confiscation

Vivian is experienced in all areas of criminal confiscation, including appearing in the Court of Appeal.

Crime

Vivian prosecutes and defends in all types of serious crime. She is a specialist prosecutor for the CPS organised crime and fraud divisions as well as a grade 4 CPS prosecutor and a member of the CPS specialist Rape and Serious Sexual Offences panel.

Vivian prosecutes, both as leading counsel and alone, investigations involving the serious and organised crime agency, particularly major drugs cases and money laundering; cash in transit robberies investigated by the flying squad; and people smuggling cases investigated by UKBA as well as serious violence, firearms and gang-related activity for other police areas.

She is experienced in dealing with sensitive material and issues of disclosure and PII.  She has a particular interest in expert evidence, especially telephones and computers.

Cases of Note

R v Gayle-Childs and Brown [2013]

Central Fraud Group. £1.75 billion fraud on Libyan sovereign wealth fund by submission of false claims to the English High Court. Perverting the course of justice. Revenue fraud.

R v Jenkinson [2013]

Sexual assault.

R v Ul Haq and Mustafa [2013]

Organised Crime Division: “Cuckoo smurfing” money laundering using alternative remittance systems. Serious Crime Prevention Order and Financial Reporting Order for first defendant.

R v Read [2013]

False rape allegations.

R v Garip and others [2013]

Organised Crime Division prosecution for conspiracy to supply Class A drugs.

R v Somasganden and Jatheeskumar [2012]

People smuggling.

R v Syed [2012]

Prosecution for CPS Organised Crime Division based on extensive phone attribution and cell site analysis evidence.

R v Chellapermal and Chellapermal [2012] CA

Prosecutor’s appeal under PoCA

R v Rowley [2011]

Woolwich Crown Court S18 GBH in which victim was permanently paralysed.

R v Jarvis [2011]

Prosecution of a chartered surveyor in a mortgage fraud. Instructed by CPS central fraud group.

R v Khomitch and others; R v Sokolovsky; R v Dostenko and another [2010-12]

Series of linked cases relating to an organised attack by accountants on the ITSA payment system, involving the submission of fraudulent tax returns using false or hi-jacked identities, the creation of a series of fraudulent companies and the laundering of proceeds through a network of bank accounts.

R v Evans, Cairns and H [2009]

Money laundering arising out of the proceeds of a series of MTIC (Missing Trader Intra Community) VAT frauds. Investigation involved evidence dating from 2001 to 2006. 2 week abuse of process argument. Evidence from Spain, Gibraltar and Hong Kong, some via video link.

R v Forozan and another [2009]

£30 million money laundering. The case was stopped by the judge at the end of the prosecution case, resulting in a (successful) prosecutors’ appeal to the Court of Appeal (see R v F and B [2008] EWCA Crim 1868).

R v C and M [2009]

Importation of 150kg of cocaine worth almost £15 million. The case involved complex tachograph route tracing analysis throughout Europe.