Muthupandi Ganesan
Year of Call: 2003
Specialist practice areas: Serious Crime, Criminal/Civil Fraud, Regulation/Compliance, Extradition, Asset Forfeiture, Health & Safety, Immigration, Inquests & Public Inquiries
Email: mganesan@furnivallaw.co.uk
Muthupandi Ganesan is an able and versatile junior, who is developing a strong reputation in proceeds of crime, asset forfeiture and financial crime. Muthupandi also has particular interest and experience in cases involving medical / pharmaceutical industry.
Confiscation / Proceeds of Crime
Muthupandi is a specialist in proceeds of crime and asset forfeiture proceedings. Muthupandi has particular experience of confiscation proceedings under the Proceeds of Crime Act 2002, especially in cases involving “criminal lifestyle” provisions.
Muthupandi is now regularly instructed as a ‘new counsel’ (separate from trial counsel) specifically to deal with ‘confiscation proceedings’ for defendants as well as for ‘interested parties’ especially under VHCC regime.
In addition, Muthupandi has particular expertise in ancillary applications arising from ‘confiscation’ proceedings such as:
Certificate of Inadequacy applications to the High Court for variation of the ‘confiscation order’ pursuant to Drug Trafficking Act 1994 and Criminal Justice Act 1988.
Confiscation Variation Applications to the Crown Court pursuant to section 23 of the Proceeds of Crime Act 2002.
Reconsideration of ‘benefit’ and ‘available amount’ to the Crown Court pursuant to section 21 and 22 of the Proceeds of Crime Act 2002.
Variation of Restraint Orders in the High Court and the Crown Court.
Compliance with ‘Production Orders’ in the High Court and the Crown Court.
Enforcement proceedings at Magistrates Court for failure to pay the ‘confiscation order’ within the stipulated time.
Muthupandi welcomes instructions in relation to complex confiscation/ proceeds of crime issues and is able to provide advice and assistance at a short notice. Muthupandi is currently representing a Defendant with the benefit value in the region of £9 million.
Cash forfeiture
Muthupandi regularly represents ‘individuals’ and ‘interested 3rd parties’ in relation to cash detention (section 295 of Proceeds of Crime Act 2002) and cash forfeiture (section 298 of Proceeds of Crime Act 2002) in the Magistrates Court and on appeal in the Crown Court.
Muthupandi represented the main Respondent on one of the longest forfeiture application (16 days) hearing in the Magistrates Court.
Prosecution
Financial Services Authority
Muthupandi has recently (2008 – 2009) completed a 10 month secondment at the Financial Services Authority (Wholesale Enforcement Division) in relation civil enforcement proceedings against a multinational bank for breaches of systems and control. The secondment related to an internal $50 million investment banking fraud by employees of the bank. In addition, Muthupandi assisted in the investigation and prosecution of Significant Influence Functions holders of the bank.
Serious Fraud Office
Muthupandi has been instructed as an ‘Independent Counsel’ and ’Disclosure Counsel’ on numerous occasions by the Serious Fraud Office in relation to review of legal professional privilege and ‘unused’ material.
NHS Legal Protection Unit
Muthupandi is regularly instructed by the NHS Counter Fraud and Security Management Service in private prosecutions for assaults on NHS staff and fraud on the NHS. The advice provided range from pre-charge to post conviction and very often requires consideration of complex medical and mental health evidence.
Defence
Muthupandi has built up a substantive defence experience in cases involving fraud, money laundering and regulatory breaches. Muthupandi has particular experience of defending in cases with high volume of data especially in electronic format, as illustrated by the recent case described by the prosecution as the “most sophisticated counterfeit document factory to date” (R v Koma, Snaresbrook Crown Court, 2008 / 2009).
VAT and Duties Tribunal
Muthupandi represents parties in the VAT and Duties Tribunal especially in relation to withholding of ‘input tax’ by HMRC in circumstances involving MTIC fraud. Muthupandi was instructed as second junior counsel in a complicated appeal against customs duties.
Extradition
Muthupandi represents both foreign governments and defendants in extradition proceedings at first instance.
Immigration
Muthupandi advises and represents individuals at the Asylum and Immigration Tribunal in relation to revocation of business visa, permanent residence and deportation orders. Muthupandi can also provide pre-application advice at a short notice.
Current instructions
Muthupandi is currently instructed in the following cases of note:
- Instructed on numerous confiscation proceedings as a ‘specialist counsel’ with high volume case materials (4000 pages plus) (Bradford Crown Court, Croydon Crown Court, Southwark Crown Court)
- Advising on a civil interim ‘property freezing order’ and claims for declaratory relief by a wife of a convicted defendant in relation to assets subject of a confiscation order. [High Court]
- Representing a 16 year old child as an interested ‘3rd party’ in a very unusual ‘cash forfeiture application. (Thames Magistrates’ Court)
- Junior Counsel representing a business man charged with money laundering and fraudulent trading allegations arising out of high yield investment scheme. (Bournemouth Crown Court: September 2010)
Other
Languages
Tamil (Indian language) (Fluent)
Appointments (voluntary)
Mental Health Act Hospital Manger (City and East London Mental Health Trust) (2008 – current)
Secretary to the World Tamil Organisation (UK) (2005 – current)
http://www.worldtamilorg.co.uk/
http://www.timesonline.co.uk/tol/comment/letters/article5853770.ece