David Walbank KC briefed to represent forensic accountant accused of charity fraud

David Walbank KC has been instructed for the defence in Operation Gasket, in which a top forensic accountant is charged with offences of fraud by false representation and false accounting.

The main allegations relate to an alleged abuse of the Gift Aid provisions in Part 8 of the Income Tax Act 2007. The statutory Gift Aid regime provides for tax relief on charitable giving by allowing registered charities to claim an extra 25p for every £1 they receive by way of charitable donations. It also enables the individual making the charitable donation to claim personal tax relief.

Following an 8-year investigation by HM Revenue and Customs, the prosecution allege that the defendant registered two bogus charities with the Charity Commission, making false declarations of more than £1.6 million worth of charitable donations in Gift Aid claim forms submitted in his capacity as trustee of those charities and in Self-Assessment returns relating to his personal tax affairs. In addition, the defendant is charged with a separate invoicing fraud. The overall loss to the Exchequer is alleged to be in excess of £1 million.

The case has been sent for trial at the Southwark Crown Court. It is prosecuted by the CPS Serious Economic, Organised Crime & International Directorate. David is privately instructed by Lewis Nedas Law.

David Walbank KC specialises in defending individuals charged with white collar crime. He is a regular contributor to New Law Journal in his Crime Brief column and, most recently, in a series of biographical essays entitled ‘Lives of the Great Advocates’: see the link [here]. David is also the founder of the www.crimecast.law criminal law updating website, on which he presents more than 250 video case reviews of recent criminal judgments: see the link [here].