Alan heads the firm's international civil fraud and asset recovery practice. He has extensive experience in advising clients on sensitive internal investigations, crisis management and obtaining or defending freezing injunctions.

Alan's experience

  • Represented Post Office Limited, UK postal services operator, on significant proceedings alleging fraud, conspiracy and sharp practice, challenging a prior civil judgment and seeking rescission of a settlement deed, with the court ordering a preliminary issue trial to determine whether that deed has compromised the claim.

  • Advised on a complex civil fraud search order matter involving a multi-million-pound misappropriation claim. Acting as lead supervising solicitor, managed simultaneous search order execution across multiple properties, oversaw privilege review of seized documents, and coordinated a large multidisciplinary team to ensure compliance, effective supervision and recovery of indemnity costs.

  • Advising Skatteforvaltningen (Danish Customs and Tax Administration) in "one of the most complex pieces of litigation in British history". With a value of c. DKK 12.6 billion involving over 100 defendants globally it’s an alleged fraud on a massive scale. Losses arise from Cum Ex trading and WHT refunds.

  • Acting for Juul Labs Inc., a major supplier of e-cigarettes, in proceedings against QuickJuul Limited to prevent the sale of counterfeit goods as well as in obtaining innovative injunctive relief to attempt to effectively shutdown the cross border supply of the counterfeit goods. The relief involves obtaining multiple orders including search orders, worldwide freezing orders, trade mark infringement proceedings, third party disclosure orders, as well as applications for committal proceedings.

  • Acting for a UK clearing bank in respect of claims against the bank in respect of the sale and purchase of European Union Allowances and resultant VAT liabilities.

    • United Kingdom
  • Instructed by a government agency to advise on jurisdictional matters relating to a cost order and its enforcement, and subsequent settlement agreement.

    • Cross-border
  • Assisting a global leader in human resources and payroll outsourcing to recover approximately £1 million stolen by an employee. The funds were stolen through manipulation of the procurement process and involved the submission and approval of false invoices payable into accounts controlled by the employee. Our strategy involved freezing the fraudster's assets and seeking Norwich Pharmacal orders against the providers of the accounts paid into. We used the information obtained to establish our client's recovery strategy and enter settlement discussions with the fraudster.

  • We act for corporate defendants against allegations that they were controlled by ultra high-net-worth individuals and used as instruments to misappropriate $1.9 billion from a Ukrainian bank. The legal issues centred on whether the minor roles that our English clients played in receiving funds could justify using them as "anchor defendants" to secure jurisdiction against other defendants. We succeeded in our jurisdiction and set aside applications.

  • We act for BDO LLP as the liquidators of an English company used to commit VAT fraud. We were instructed to recover the amounts fraudulently paid and obtained a freezing injunction against a number of companies and individuals. We obtained a further 'without notice' freezing injunction against other entities who have received dissipated funds. The team advised on complex cross border issues, in relation to the jurisdiction in which to commence proceedings. The team successfully applied to the court to limit the cross undertaking in damages to the net insolvent estate, which is usually not possible, showing a forward thinking and cutting edge approach.

  • We are defending LLB Verwaltung (Schweiz) AG, a former Swiss bank, against a multi-million pound, complex fraud claim, which arises out of a failed investment scheme. The matter included a 40 day trial involving multiple parties and legal representatives.

Credentials

  • 2020
    Ranked in Who’s Who Legal as a WWL Thought Leader and a Future Leader in areas of Investigations and Asset Recovery
  • 2019
    Treasurer, Commercial Fraud Lawyers Association (since c2007)
  • 2019
    Member, Fraud Advisory Panel (since c2007)
  • 2019
    Member, London Solicitors Litigation Association (since c2007)
  • 2019
    Member, Proceeds of Crime Lawyers Association (since c2007)
  • 2018
    Head of Civil Fraud and Asset Recovery Team
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Out-Law / Insight by Alan Sheeley

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