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Anita Clifford

Anita Clifford

Call: 2017 Call Australia: 2011

T: 0207 520 6000    E: chambers@18rlc.co.uk

Anita is highly approachable and ranked in the Legal 500 and Chambers and Partners for Proceeds of Crime Act 2002 & Asset Forfeiture work where she is described as ‘a fantastic rising star who is knowledgeable and reassuring in the delivery of her advice’. Anita defends and prosecutes across the range of Chambers’ practice areas and has experience in civil proceeds of crime matters.

Alongside her general crime practice, Anita has a strong financial crime interest and advises on anti-money laundering investigations and regulatory requirements, suspicious activity reporting and account freezing. She also advises on the United Kingdom’s financial sanctions regime. Registered as a Part 2 legal practitioner in the Dubai International Financial Centre Court, she is part of the legal team behind a significant claim in that court.

Instructed by the Council of Europe, she has undertaken anti-money laundering and anti-corruption projects in Georgia, Moldova, Czech Republic and Serbia. She has also contributed to anti-corruption workshops in Kenya and Zambia with the African Union.

Originally from Australia, Anita qualified after a year as a Judge’s Associate in the Supreme Court of Queensland. She was a solicitor from 2011 in private and government practice, with her early years spent at a prominent criminal and human rights firm defending vulnerable clients and gaining exposure to death in custody inquests.

Anita is a contributor to the Lloyd’s Law Reports: Financial Crime and co-author of a book on the Criminal Finances Act 2017 with Jonathan Fisher QC. She has been appointed to the Legal Advisory Panel of an NGO, Global Legal Action Network (GLAN).

Crime

Anita defends and prosecutes general crime cases and is a Level 2 CPS Panel Advocate. She is well placed to deal with vulnerable defendants and witnesses. She also has experience with private prosecutions, having previously been a senior associate at private prosecution firm in London.

General crime

  • Re X (2021) – Instructed to defend pre-charge following racially aggravated incident and make detailed representations. No charges were brought.
  • R v D (2020) – Instructed to prosecute driving offences resulting in injury to third-party requiring cross-examination of experts. Resulted in conviction after a 3-day trial.
  • R v Y (2021) – Instructed to prosecute multi-handed youth robbery turning on identification. Resulted in conviction after two-day trial.

Fraud and Proceeds of Crime 2002 (POCA)

Anita has appeared on civil and criminal cases involving allegations of fraud and money laundering. She is currently instructed on a high profile judicial review leave application with underlying POCA issues. She has advised on a wide range of POCA issues, including on high value and sensitive matters led by Jonathan Fisher QC.

  • Re E (2021) – Instructed to lodge complaint to the Financial Ombudsman following termination of bank account for POCA concerns.
  • Re F (2020) – Instructed by venture capitalist firm to challenge bank account freeze in place for several months. Following detailed representations freeze was lifted within three weeks of being instructed.
  • Police v C (2019) – Instructed to defend the respondent to an account forfeiture application relating to circa £100,000. Following detailed representations the application was withdrawn day of hearing.
  • NCA v S & N (2019, led) – Instructed to appeal a cash forfeiture order turning on the use of an unregistered money service business and Hawala banking. Appeal allowed and the Court took exceptional step of ordering costs against the NCA.
  • R v C (2018, led) – Instructed to defend banker in multi-handed fraud trial. Evidence was led of unauthorised customer account access and the defendant was acquitted.

Regulatory

Financial regulatory

  • Re E (2021) – Instructed to deliver tailored anti-corruption training to high street fashion brand with international presence and to advise on development of business-wide financial sanctions policy.
  • Re Belarus sanctions (2021, led) – Instructed to advise commercial firm on width of new Belarus sanctions imposed by the UK and impact on firm’s clients and work in progress.
  • Re W (2021) – Instructed to advise law firm on Suspicious Activity Reporting in context of high value property conveyance raising ‘red flags’.
  • Re Y (2021, led) – Instructed by a global regulated business to advise on and represent it in dealings with HMRC in the context of AML investigation and complex transaction in background.
  • Re O (2020) – Instructed by a Trust and Company Services Provider to advise on represent it in dealings with HMRC in context of self-reporting of AML registration breach.
  • Re M (2020) – Instructed by a Money Service Business to advise on and review AML policy in context of HMRC investigation for alleged AML regulatory failures.
  • Re S (2020) – Instructed by a High Value Dealer to make representations to HMRC seeking review of the penalty proposed to be imposed for AML breaches. Representations resulted in 2/3 reduction of penalty.

Publications, Lectures and Training

Anti-Money Laundering for the Professional Expert, 28 September 2021, Academy of Experts, guest speaker.

Unexplained Wealth Orders: Where to Next? 11 December 2020, Royal United Services Institute, panellist.

Criminal Finances Act 2017, book of legal commentary published by Informa Law, 2018, co-author with Jonathan Fisher QC.

Case Note: Menci & Garlsson Real Estate SA and Others v. Commissione Nazionale per le Società e la Borsa (Consob) & Joined Cases Di Puma v. Consob and Consob v. Zecca (CJEU), International Legal Materials, 2018, 57(4), 583-615, author.

Corporate Criminal Liability in the Supply Chain: A Coherent Divergence? Crim. L.R. 2018 8, 633-645, co-author.


Education

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2017 – Bar Transfer Test, BPP University

2015 – Master of Laws, London School of Economics (Distinction)

2009 – BA / LLB, University of Queensland (First Class Honours)

Memberships

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South Eastern Circuit

Criminal Bar Association

Proceeds of Crime Lawyers’ Association

Awards

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2014 – Lionel Murphy Scholar

2007-9 – Commonwealth Country and Regional Students Tertiary Scholarship