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Simon Stafford-Michael

commercial criminal fraud

YEAR OF CALL: 1982 England and Wales

ssmichael@lombardchambers.com
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Following Call to the Bar, for about 20 years Simon was extensively retained under the International Practice Rules by US Corporate Insured and Insurance Companies to prepare and present their on-shore environmental and products liability claims to the London Insurance Market.

These instructions included conducting mediations, arbitrations, and litigation. The most efficient method of satisfying these claims and resolving related disputes evolved into global commutations involving, in each such case, thousands of insurance policies with a range of policy periods from 1910- 1992 at primary, umbrella and excess levels of cover.

Simon has considerable UK experience in insurance disputes concerning professional indemnity risks, Legal Expenses Insurance and marine cargo.

  • Civil and Criminal Fraud:
  • Simon has been retained by companies and individuals in connection with criminal and/or civil liability arising from fraud in connection with banking, stock exchange or commercial activities. Simon also has extensive experience in the conduct of investigations by Her Majesty’s Revenue & Customs. He has appeared for the defence in many of the major Revenue and Customs prosecutions. Notable cases include Nissan (UK) Limited and Spectron (UK) Limited. He has appeared before the VAT Appeals Tribunal in McNicholas Construction Company Ltd. v Commissioners of Customs and Excise (VTD 14975).
  • In all, Simon has been instructed for the defence in over 12 investigations or prosecutions brought by the Serious Fraud Office.
  • Notable cases include Guinness where he has appeared for the defence on behalf of Lord Spens in the criminal proceedings and subsequently in the Bank of England litigation. He also appeared for the defence in the Wallace Smith Trust Company and Arrows cases.
  • Simon has extensive experience in the conduct of litigation involving allegations of fraud in the Commercial Court and Chancery Division. He has appeared for the Third Defendant in Jyske Bank (Gibraltar) litigation. This action involved tracing over $ 1 billion of assets stolen from a Gibraltan bank.
  • Simon has appeared in over thirty Court of Appeal/Divisional Court appeals and twice before the Supreme Court (when called the House of Lords) and in 2011 before the Privy Council.
  • Simon was listed a “leading junior” in the Fraud category by Chambers and Partner for five consecutive years.
  • Money Laundering, Bribery Act, Financial Services, and Compliance:
  • Simon has particular expertise in the area of money laundering control and was extensively involved in the then largest money laundering investigation: Operation Ivan. He has also advised numerous clients, including major accounting firms, as to their obligations in connection with money laundering regulation.
  • Simon is the editor of Butterworth’s Money Laundering Library (Money Laundering Regulations) and the author of Cerberus Anti-Money Laundering Compliance Centre.
  • Simon is also the author of BAc, providing on-line training and compliance in connection with the Bribery Act 2010.
  • Simon’s experience as a practising barrister in this category includes both domestic and EU competition law, and appearing for the defendants in a number of civil actions brought by the FSA. Simon has also advised on the regulation of Claims Handling companies.
  • Simon appeared in October 2011 as a Leading Junior before the Privy Council in DDP of Mauritius v Bholah, an appeal from the Supreme Court of Mauritius on the constitutionality of the Economic Crime Act.
  • Mining and Energy:
  • Simon has served on the boards of several junior mining companies and was the Chief Executive Officer of Westrip Holdings Limited for two years during its development of a major tenement in Greenland. Simon is presently the General Counsel of Greenland Minerals & Energy Limited, a Western Australian company quoted on the Australian Stock Exchange, a company of which he was formerly a non-executive director.
  • Simon has been retained under the IPR to advise on the legal issues surrounding the structuring of finance for mining and energy projects and on mining companies compliance with bribery legislation.
  • Simon has considerable experience on the negotiation of mining concessions, Options for mining leases and Exploration Licences, both in the UK and overseas.
  • Simon’s insurance and re-insurance practice (please see below) involves advising many of the major mining and energy companies on insurance claims arising from environmental hazards.
  • Insurance and Reinsurance:
  • Simon has been extensively retained under the International Practice Rules by US Corporate Insured and Insurance Companies to prepare and present their on-shore environmental and products liability claims to the London Insurance Market.
  • These instructions included conducting mediations, arbitrations, and litigation. The most efficient method of satisfying these claims and resolving related disputes evolved into global commutations involving, in each such case, thousands of insurance policies with a range of policy periods from 1910- 1992 at primary, umbrella and excess levels of cover.
  • Highlights of Simon’s International Practice included advising Exxon on the Exxon Valdez loss, Pfizer on the settlement of the Schilley Heart Valve derivative shareholders litigation through mediation with Chubb and related Bermuda captives, the settlement of Tenneco, the first on-shore pollution claim settled by the London Insurance Market and advising a number of blue chip US Corporations on the setting up of Equitas.
  • A list of representative insurance clients is set out below.
  • Simon was appointed Co-Chair of the International Insurance Coverage Committee of the ABA and elected to membership of the Federation of Insurance and Corporate Counsel.
  • Simon has considerable UK experience in insurance disputes concerning professional indemnity risks, Legal Expenses Insurance and marine cargo.
  • Representative Clients:
  • Exxon Corporation
    Exxon –Mobil
    Conoco
    Imperial Oil
    Shell
    Tenneco
    Chevron
    CSX
    Union Pacific
    People’s Gas
    PG&E
    Farmer’s Insurance Group
    Domtar
    Kaiser Aluminium
    Kaiser Steel
    Pfizer
    Johnson & Johnson
    Metropolitan Life
    GAF
    Armstrong World Industries
    Johns Manville
    Kaiser Cement
    Truck Insurance Exchange
    Cyprus-Amax
    Phelps-Dodge
    Lockheed Martin Corporation
    Northrop

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