Sandip Patel FCIArb QC

  • Year of Silk 2014
  • Year of Call 1991

Introduction

Sandip specialises in cross border civil and commercial dispute resolution, fraud, white collar crime, and regulatory proceedings.  He represents individuals, businesses and Governments in complex disputes with an overlap between civil and criminal laws especially in the areas of fraud, corruption, money laundering, tax evasion, and asset recovery. 

In the “Leading silks” list, The Legal 500 United Kingdom guide to outstanding silks nationwide said this about him, “He has a pleasing and reassuring courtroom manner”, “a very good all-round advocate, who is quick on his feet in court”. Described as “a truly exceptional lawyer with a phenomenal eye for detail”.

Exclusive IR advisor for White Collar Crime in England since 2020. IR Global is a multi-disciplinary professional services network that provides legal, accountancy, financial advice to companies and individuals around the world.

 

Education and Training

• 1984-1987 University of Essex Bachelor of Law-LLB (Hons)

• 2018 Chartered Institute of Arbitrators Fellowship Programme

• 2019-2020 University of Oxford Oxford Artificial Intelligence Programme

• 2020 Harvard University Cyber Security Risk Management

 

Professional Admissions

• 1991 England and Wales Bar

• 2005 Isle of Man Bar

• 2013 Grenadian Bar

 

Appointments and Consultancies

• 2014 Queen's Counsel

• 2018 Fellow of Chartered Institute of Arbitrators

• 2019 Accredited Mediator

Associations:

• International Council for Commercial Arbitration

• Bar Association for Commerce, Finance & Industry

• OECS Bar Association

• European Academy of Law

• Caribbean Lawyer Network

• LexisPSL Expert Panel Member: Dispute Resolution, International Arbitration and Information Law

 

Arbitration & Mediation

Sandip appears in domestic and international commercial disputes concerning fraud, finance, goods and services, energy and natural resources and construction. He appears in international arbitrations conducted under the rules of various institutions (ICSID, ICC, HKIAC, LCIA) and ad hoc proceedings under the UNCITRAL Rules within civil law and common-law jurisdictions. He appeared recently in a reported international arbitration case on the enforcement in England of a New York Convention award ([2018] EWHC 2713 (Comm)).

Sandip is on various arbitration panels.He is also an accedited mediator. 

Bribery & Corruption

Sandip is recognised for his expertise in the field of bribery and corruption. He regularly advises governments, domestic and international corporations and individuals under investigation in complex and high-profile cases on bribery and related corrupt practices. 

He regularly acts for corporates and individuals subject to criminal investigations and prosecutions, often where multiple agencies are involved. 

Sandip was instructed in the first SFO bribery prosecution on behalf main defendant awaiting extradition from Cambodia. The case concerns the promotion and selling of “bio fuel” investment products to UK investors by Sustainable Agro Energy plc. The value of the alleged fraud is approximately £23m and the offences are said to have taken place between April 2011 and February 2012.

He also helps corporates and individuals to deal with internal investigations relating to bribery and corruption as well as managing their relationships with law enforcement agencies. He has acted for companies and individuals subject to investigations by the Serious Fraud Office (SFO), the National Crime Agency (NCA) and the police and regularly interacts with overseas agencies. He also advises on issues relating to self-reporting, deferred prosecution agreement, civil recovery orders and SOCPA agreements.

For governments and companies who have been the victims of bribery and corruption, he offers a wide range of services to recover assets, including Commercial Litigation and Asset Tracing & Recovery. He offers advice on remediating and enhancing Corporate Compliance programmes to mitigate the risk of further incidents of bribery and corruption within the organisation. He also offers expert analysis and strategic advice on live cases to ensure legal, procedural and evidential compliance.

His expertise in this field has been widely recognised having assisted institutions and governments on laws, policies, procedures, training for judges, lawyers and law enforcement officers. Institutions he has assisted include the Council of Europe & European Academy of Law, British Embassy UK Foreign and Commonwealth Office Department for International Development, Council of Europe, US Embassy [Caribbean], European Commission, Czech Judicial Academy, Romania Judicial Academy, Indian National Bar Association. Countries he has assisted include England, USA, Russia, India, Germany, Sweden, Spain, Luxembourg, Montenegro, Bulgaria, Latvia, Uzbekistan, Kyrgyzstan, Romania, Turkey, Grenada, Antigua, Barbados, St Vincent and Grenadines, Trinidad and Tobago, Seychelles, Sri Lanka, Isle of Man.

Some examples:

• Conviction/claim and recovery of £50million: corrupt East European banker-hidden assets (physical and accounts) in UK, Switzerland, Panama and Brazil.

• Conviction/claim and recovery of £18million: corrupt company director-hidden assets in UK and Seychelles.

• Claim and recovery of £27million: corrupt oil official-hidden assets in UK and Nigeria

• Claim and recovery of £10million: corrupt company director and Ponzi scheme-hidden assets in UK, Switzerland and UAE.

• Conviction/claim and recovery of £5million: corrupt government official-hidden assets in UK and India.

 

Prosecution

Sandip has acted for the prosecution as lead counsel in various jurisdictions on complex cross border cases involving fraud, corruption, money laundering, drug trafficking, and people trafficking.  Between 2008 and 2012, Sandip, as Principal Crown Advocate attached to the Organsied Crime Department of the Crown Prosecution Service (CPS) and working directly under Alison Saunders (laterly the Director of Public Prosecutions (DPP)) and the then DPP, Sir Keir Starmer, prosecuted the most serious and sensitive organised crime cases in England and Wales. His cases included among others fraud, corruption by senior police officers and politicians, drug trafficking and money laundering. 

Sandip pursued private prosecutions for government departments such as the Medicines Healthcare Regulatory Authority as well on behalf of individuals on cases involving legally and factually complex issues.  He is frequently instructed in cases involving ‘civil judgements’; which are then sought to be used in support of private posecutions  

In 2019, Sandip was instructed in a substantial private prosecution brought by a City law firm against two former employees for fraud and perverting the course of justice following extensive litigation in the Employment Tribunal and the High Court.  He recently acted for a French company against a UK company for fraud, copyright theft and passing-off.  

Other examples:

• R v A: a Saudi Princess, accused of immigration, fraud and perjury offences stemming from civil litigation.

• R v MI: fraud by a UK national on a Saudi company

Financial Crime & Fraud

Sandip is a business crime specialist advising businesses and individuals on issues involving action by criminal or regulatory enforcement agencies in the UK and internationally.

He represents clients at all stages of the process from dawn raids and arrests, through to negotiating plea agreements and if necessary defending clients at trial. He also provides compliance training and adviceroutinely assists companies who may have been the victims of crime ensuring effective engagement with law enforcement authorities to prevent or limit secondary liability arising elsewhere.

Some recent examples:

• R v H:£10 mn fraud by D, loss adjuster, on Thames Water, a client-construction of contracts-abuse of position-breach of trust-investigated by Anti-Terrorist Branch-links to terrorist funding.

• R v A: solicitor accused of cheating the Revenue

He has significant experience of all aspects of business crime including bribery and corruption, fraud and financial crime, insider dealing, revenue offences and trading standards. Matters instructed upon include investigations brought by the Serious Fraud Office, Financial Conduct Authority, Police, HM Revenue & Customs, Competition and Markets Authority and the US Department of Justice.

Teaching Experience

Sandip has provided training on a range of subjects including cybercrime, corruption, serious crime to institutions and governments, judges, lawyers and law enforcement officers. Institutions he has assisted include the Council of Europe & European Academy of Law, British Embassy UK Foreign and Commonwealth Office Department for International Development, Council of Europe, US Embassy [Caribbean], European Commission, Czech Judicial Academy, Romania Judicial Academy, Indian National Bar Association. Countries he has assisted include England, USA, Russia, India, Germany, Sweden, Spain, Luxembourg, Montenegro, Bulgaria, Latvia, Uzbekistan, Kyrgyzstan, Romania, Turkey, Grenada, Antigua, Barbados, St Vincent and Grenadines, Trinidad and Tobago, Seychelles, Sri Lanka, Isle of Man.

Some examples:

• Mutual legal assistance, human rights and forensic evidence (Turkey), counterfeit medicines (France, Isle of Man), SOCPA 2005, asset recovery, modernisation of the criminal justice system, and advocacy (CPS, SOCA (now NCA), organised crime, firearms.

• Advised the Grenadian Attorney-General on drafting/implementation of cybercrime legislation.

• On UK bribery law (2010 Act, caselaw) and procedure, prosecution framework to the Mauritius Chief Justice and prosecutors; the Japanese First Legal UK Attache, judges and prosecutors; Serious Organised Crime Agency and CPS.

Languages

• French

• German

Crime

Sandip has been at the forefront of notable serious and organised cybercrime cases including ‘DarkMarket’, ‘the Facebook Hacker’, prosecution of members of ‘Anonymous’ for the hacking of PayPal, Visa, Sony, FBI, CIA, UK NCA, MoD etc, and ‘the boy who almost broke the Internet’ .

You can see Sandip at CyberEurope 2018 at https://www.youtube.com/watch?v=_VHf8M_wHQQ

He has lectured and trained investigators, lawyers and judges in England and abroad including Italy, Hungary, Latvia, Turkey, Israel, India, Grenada, Trinidad and Tobago on good cyber policies, procedures and law.

He is routinely asked to advise and assist in the creation, training and implementation of cyber law enforcement programmes. In Grenada, he devised and implemented a cyber crime training course for investigators, the A-G’s office and judges so as to give effect to new cyber legislation.

He contributed to the leading text book: Electronic Evidence, 3rd Edition, Stephen Mason

He is Chairperson of the Cybercrime Practitioners’ Association. He is Chief Adviser to the OSP Cyber Academy.