Gary Pons

Barrister, 5 St Andrew's Hill

An experienced and highly proficient barrister who specialises in complex financial cases often with a multi-jurisdictional element. Ranked in Chambers & Partners and Legal 500.

Junior counsel in the case of Moss [2019] EWCA Crim 50: concerning the recognition and enforcement of a confiscation order abroad.

Gary represented the prosecution in the appeal of Benos| [2019] EWCA Crim 1093: This was a case concerning a deed of variation to a will and the legal effect of conditions precedent contained within the deed. The Court of Appeal described his written submission as “powerful”.

Gary represented the prosecution in the appeal of Gbadebo [2018] EWCA Crim 2508: A case concerning out of time appeals and fresh evidence.

He has been instructed since 2015 in a large asset recovery case in Costa Rica, which is currently focused on the private prosecution of a Costa Rican trustee for misappropriation of the trust assets.

Contributed to

1

Seizure and forfeiture of monies held in bank accounts under the Proceeds of Crime Act 2002

Practice notes

This Practice Note explains the provisions under Chapter 3B of the Proceeds of Crime Act 2002 (POCA 2002) inserted by section 16 of the Criminal Finances Act 2017 (CFA 2017), governing the seizure and forfeiture of monies held in bank account in summary proceedings. It covers what account freezing orders (AFOs) are, how they are obtained, applications to vary or set aside AFOs and their relationship with account forfeiture orders. It also covers appeals against decisions regarding forfeiture and the compensation which may be obtained in respect of cash in bank accounts made subject to an AFO which is then released from it. It considers recent case law concerning the exercise of this regime.

Corporate Crime