SFO - Serious Fraud Office

Former partner of West End law firm found guilty of €22 million loan scam

05 December 2011

At Southwark Crown Court today, Kevin James Steele, a former partner of the solicitors' firm Mishcon de Reya (MDR) was convicted of forgery and two fraud offences.  Two other defendants pleaded guilty before trial.  They are all to be sentenced on 9th January 2012.

Defendants

a)      Kevin James Christopher Steele (d.o.b 09/06/60) of Kent

b)      Michael Andrew Shephard  (d.o.b 29/01/61) of Lancashire

c)      Mark Terence Pattinson (d.o.b 08/11/73) of Lancashire

Commenting on the result SFO Director Richard Alderman said, "I welcome today's verdict.  It's a victory for honesty and fair dealing in business."

Investigation and proceedings

This case was accepted by the Serious Fraud Office for investigation in November 2008 and was conducted in partnership with Warwickshire Police.  Steele was convicted by the jury on all three counts on the indictment.  In advance of the trial, Shephard and Pattinson pleaded guilty to counts one and two on the indictment.

Indictment 

Count 1

Conspiracy to use false instruments, contrary to section 1(1) of the Criminal Law Act 1977 and section 3 of the Forgery and Counterfeiting Act 1981.

MICHAEL ANDREW SHEPHARD, KEVIN JAMES STEELE and MARK TERENCE PATTINSON, between the 8th day of May and the 22nd day of August 2008, conspired together and with others to use instruments, namely letters purporting to originate from Bank Julius Baer & Co. Ltd, Guernsey, which were and which they knew to be false, with the intention of inducing third parties to accept them as genuine and, by reason of so accepting them, to do some act to their own prejudice.

Count 2

Conspiracy to commit fraud by false representation, contrary to section 1(1) of the Criminal Law Act 1977 and section 1 of the Fraud Act 2006.

MICHAEL ANDREW SHEPHARD, KEVIN JAMES STEELE and MARK TERENCE PATTINSON, between the 20th day of July and the 22nd day of August 2008, conspired together and with others to commit fraud by dishonestly making a false representation to a representative of EFG Private Bank Ltd which was and which they knew was untrue, namely that £76,422,124.43 held in two accounts at Bank Julius Baer & Co. Ltd, Guernsey, was available to be used as a security for a loan of €22 million from EFG Private Bank Ltd to Michael Andrew Shephard, intending thereby to gain for themselves or another.

Count 3

Fraud, contrary to section 1 of the Fraud Act 2006.

KEVIN JAMES STEELE, between 10th October 2007 and 4th September 2008, dishonestly and intending thereby to expose another to a risk of loss, abused his position as a partner in Mishcon de Reya solicitors, in which he was expected to safeguard the financial interests of the firm, by dealing with the affairs of Michael Andrew Shephard in such manner as would inevitably expose the firm to risk of loss, in breach of section 4 of the Fraud Act 2006.

Notes for editors:

  1. The Serious Fraud Office is a government department responsible for investigating and prosecuting serious and complex fraud.  The SFO is headed by the Director (Richard Alderman) who exercises powers under the superintendence of the Attorney General. These powers are derived from the Criminal Justice Act (1987).
  2. Further information can be found on press releases issued on 17 June 2010.

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