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).
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.
Over the past year Simon has advised a number of SMEs seeking redress for the missale of Interest Rate Hedging products sold by the banks and funders engaged in complex litigation arising out of the LIBOR scandal.
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 was 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.
Insurance and Reinsurance
Mr Stafford-Michael has specialised in insurance and reinsurance cases for over twenty-five years.
He was responsible for the settlement of on-shore pollution cases brought by US industry against Lloyd’s of London and managed the insurance issues of mass tort litigation on behalf of numerous US corporate clients. These claims concerned multi-jurisdictional and multi-party litigation asbestos, black lung, EMF, silicosis and asbestos in building litigation in both the US and the UK.
He has also advised on a number of catastrophe claims brought against the London market and appeared in insurance and reinsurance arbitrations including reinsurance claims concerning the calculation of IBNR.
Mr Stafford-Michael advised Pfizer Inc. and Exxon Corp during the Lloyd’s of London R&R.
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 has also previously served as 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.
Mr Stafford-Michael has appeared in many of the leading criminal prosecutions brought by HMRC in connection with both direct and indirect tax.
Mr Stafford-Michael has many years experience in anti-money laundering control and Bribery Act compliance.
He is the author of two on-line compliance products published by Routes2Compliance Limited, of which he is a director.
He advised the former Prime Minister of Jordan on behalf of the head of the Jordanian Security Services on anti-money laundering and corruption issues in criminal proceedings brought him by the incoming government.
He has also lectured widely overseas on both anti-money laundering control and Bribery Act compliance. Recent speaking engagements include the High Commission in New Delhi, and presentations in Guangzhou, Hong Kong and Shanghai.
He is presently preparing a compliance product encompassing anti-corruption compliance applying the Bribery Act, the FCPA and Chinese anti-corruption domestic laws in conjunction with a Chinese Law professor and a US law firm.
General commercial litigation
Mr Stafford-Michael has regularly appeared before the Commercial and Chancery Courts, has conducted numerous judicial reviews and appeared over 40 times in the Court of Appeal and three times before the Supreme Court (as is now called).
Mr Stafford-Michael is divorced with four children. He lives in Ceredigion and London.