Jessica Tate

Jessica Tate

‘Bright and articulate. She’s good at calming difficult situations down’

Chambers & Partners (2022)

YEAR OF CALL 2012

Email
CV

Education

BA (Hons) University of Newcastle (First)
MA University College London (UCL)
BPTC Inns of Court Law School (City University (Very Competent)
GDL BPP (Comm.)
Lord Denning Scholar

Appointments

CPS Panel Advocate (Level 3)

Memberships

The Honourable Society of Lincoln’s Inn
Young Fraud Lawyers Association
The Lord Denning Society
Criminal Bar Association
South Eastern Circuit

Overview of Practice

Jessica practices general crime with a focus on white collar offences, including bribery and corruption, fraud and money laundering. She is regularly instructed in both civil and criminal high value international cases involving restraint, forfeiture and confiscation. She frequently represents High Net Worth individuals on issues including global restraint and Unexplained Wealth Orders.

Jessica Tate both prosecutes and defends in a wide variety of criminal and civil cases and her written submissions have been described by members of the judiciary as being of the “highest quality”.

Her general criminal practice ranges from serious violent offences, including murder, to conspiracies to supply drugs and firearms. She has particular expertise in representing psychologically and mentally vulnerable clients, understanding the sensitivity required when handling their cases and concerns

Jessica prosecutes for a range of organisations including the CPS, National Crime Agency, HMRC and various local authorities. She is often instructed in civil matters including condemnation, confiscation and forfeiture proceedings. She is often instructed in factually or legally complex high value cases.

Jessica is direct access qualified.

Directory Quotes

‘Bright and articulate. She’s good at calming difficult situations down.’

Chambers & Partners (2022)

‘She is absolutely fantastic. She is my preferred junior.’

Chambers & Partners (2022)

‘She’s bright and articulate. She’s good at calming difficult situations down.’

Chambers & Partners (2022)

‘she’s lovely to work with – she is really great with clients and really collaborative.’

Chambers & Partners (2022)

Practice Areas

General Crime

Jessica defends a variety of criminal charges including serious violence and drug offences. She often challenges the prosecution’s case early in proceedings resulting in charges being dismissed or lowered. She is regularly instructed to defend in murder cases, including those involving firearms and gang culture. She was recently instructed in a serious multi-handed section 18 stabbing with a machete involving both youth defendants and complainants. Her client was the only one to be acquitted after the Crown dropped the case against her client following her submissions on ID.

Jessica regularly successfully defends sexual offences and domestic violence charges on both a public and private basis and has extensive experience in cross-examination of complainants and analysing, presenting and obtaining electronic material. She is an advocate who understands the importance of written advocacy and has had considerable success in having charges against clients dismissed or lowered through her submissions on paper.

Jessica prosecutes for a range of organisations including the CPS, National Crime Agency, HMRC and various local authorities. She is often instructed in civil matters including condemnation, confiscation and forfeiture proceeding, including in factually or legally complex high value cases.

Jessica is privately instructed to defend in Road Traffic Offences and has had considerable success in putting forward both Special Reasons and Exceptional Hardship arguments.

She is a CPS grade 3 listed prosecutor and regularly prosecutes violent, fraudulent, dishonesty and drug related offences in the Crown Court as a single junior, including cases involving youth defendants and complainants and vulnerable witnesses. She often advises the CPS on evidence, charge, and whether a prosecution is in the public interest and has considerable experience in advising on and acting in any subsequent POCA proceedings following a conviction. She recently successfully prosecuted a £1.6 million cannabis factory. This was a sophisticated operation involving the industrial production of cannabis plants that is believed to have linked to Serious Organised Crime.

Financial Crime

Jessica Tate has a wide-ranging white-collar crime practice encompassing high-value fraud, money laundering, bribery and corruption cases. She is regularly instructed in both civil and criminal international cases involving restraint, forfeiture and confiscation, including advising on discharging or varying restraint orders at an early stage in proceedings. She has acted in cases flowing from ‘Operation Car Wash’, the biggest corruption scandal in the history of Latin America. Many of her cases involve multiple jurisdictions, including countries in Latin and Central America, USA, Switzerland and Africa. She regularly acts for clients who have been subject to politically motivated prosecutions, advising on how the overlap between political bias or regime change can affect a decision to prosecute, and the subsequent fairness of those proceedings, or the creation of new legislation that adversely affects an individual’s personal or business interests. Such cases can call into question the compatibility of foreign and UK legislation. These cases usually involve both civil and criminal proceedings and therefore require careful strategizing to protect the client’s best interests in both sets of proceedings, including how the civil matter may assist the criminal case and vice versa.

In R v X, Jessica was instructed by a client at an early stage in defending allegations of fraud and various regulatory offences, handling detailed pre-charge procedures relating to raids on corporations, seizures and injunctions. This company was a global corporation and therefore the case involved multiple jurisdictions (including the British Virgin Islands, Mauritius and Greece). She was also part of the team reviewing and challenging the original search warrants.

In R v Lounajli she defended a client charged for his role in a £100 million fraud. The trial issues included compliance and AML regulations and whether the ‘victims’ in the fraud were in fact attempting to move the money from their company account to use as a ‘slush funds’ to pay commercial bribes. Moreover, there were legal arguments concerning causation and intervening conduct in relation to criminal accessory liability and the influence of individuals potentially implicated in the fraud on the police investigation. The case also involved the admissibility of evidence of an attempted bribe made to the police by a third party who was involved in the investigative process.

High-Net Worth

Jessica Tate acts for High Net Worth individuals in their personal and commercial capacities, advising on criminal and regulatory liability and providing strategic advice in relation to both criminal or civil matters on how those proceedings may affect their overall business or financial interests. These high-profile cases often attract considerable press attention and Jessica has experience on advising on how this can impact proceedings and ensuring compliance with any Court Order.

She is regularly instructed in international cases involving civil and criminal restraint and forfeiture, including advising on discharging or varying restraint orders. She has acted in cases flowing from ‘Operation Car Wash’, the biggest corruption scandal in Latin America’s history. Many of her cases involve multiple jurisdictions, including Latin and Central America and Africa.

She regularly acts for clients who have been subject to politically motivated seizures or legislative changes that have adversely affected or constrained an individual’s personal or business interests. Such cases can call into question the compatibility of foreign and UK legislation. These cases involve both civil and criminal proceedings and therefore require careful strategizing to protect the client’s best interests in both sets of proceedings, including how the civil matter may assist the criminal case and vice versa.

She was recently instructed by David Chijner at Brown Rudnick LLP as junior counsel to Jason Sugarman QC, on behalf of Sir Frederick and Amanda Barclay, in relation to the strategic planning of their privacy case against Aidan, Howard and Alistair Barclay for illegally recording their private conversations at the Ritz Hotel. Her role included advising on issues of LLP, data protection and criminal and regulatory liability, including the procedure and evidential requirements of bringing a private prosecution. She also ensured that any press coverage did not breach Court Orders and did not prejudice the clients’ interests

Jessica regularly acts for the National Crime Agency, HMRC, the Director of Border Revenue and the Home Office in the Criminal Courts and the Tax Tribunal. She has acted in all aspects of asset forfeiture and proceeds of crime matters, including restraint, confiscation, cash forfeiture, condemnation and the restoration of goods.

She has successfully appeared for prosecuting authorities at all stages of restraint and forfeiture proceedings, including cases with a complex factual matrix involving multiple jurisdictions.

She also regularly appears in proceedings under the Proceeds of Crime Act 2002 for the detention and forfeiture of seized cash, both at first instance in the Magistrates’ Court and on appeal to the Crown Court.

Jessica is frequently instructed to appear in the First Tier Tax Tribunal and Crown Court to defend appeals against decisions not to restore seized goods.

In 2019 Jessica was instructed on Operation Surging. This was a disclosure exercise in a case with 23 defendants charged with a £26m conspiracy to money launder split into several trials. The charges arose out bonded alcohol being diverted into the UK market without the payment of an excise duty. The case therefore involved numerous different companies and individuals There were multiple computers seized, many of which contained a high volume of material, and I therefore had to draft a comprehensive and accessible ‘guide’ that could be utilised by others working on the exercise to ensure that we all employing the same methodology and the exercise maintained a uniformity of standard. This principles and approach I adopted were incorporated into an agreed forensic plan and became the blueprint for how the exercise was to be completed.

Jessica was instructed by the HM Government of Gibraltar in an LPP review. She took a leading role in the exercise and was responsible for providing legal advice and practical guidance in relation to LPP and PII to counsel who were inexperienced in the field and acting in an advisory capacity to other reviewing lawyers.

Jessica was also instructed first by the CPS and then by Thames Valley Police as independent disclosure counsel in Operation Hornet, a case that resulted in numerous convictions. She was also instructed as disclosure counsel assisting in the Hillsborough Inquest and has previously been instructed by Eversheds as an independent counsel in a private prosecution.

Jessica regularly prosecutes on behalf of Local Authorities in both the Crown and Magistrates Court in cases involving failure to comply with the Food Hygiene (England) Regulations and Trading Standards, offences contrary to the Town and Country Planning Act and various fraudulent and trademark offences. She also appears in any related POCA proceedings.

Jessica was instructed by the City of London Corporation in the first Crown Court prosecution brought by one department in relation to environmental regulations and has taken an active role early in proceedings advising on charge, evidence and the disclosure process. She has also advised the City of London on how to commence Criminal Behaviour Order proceedings against a defendant who was repeatedly unlawfully trading within the jurisdiction. There was no precedent for applying for such an order and as such Jessica has advised on evidence and procedure in relation to obtaining the order.

She has also successfully defended individuals charged with offences contrary to the Housing Act, having successfully had a case dismissed at halftime, having been incorrectly charged.

Jessica has also appeared for the London Borough of Ealing in several breaches of School Attendance Order. In the course of proceedings she has advised the Local Authority on how to comply with their duties of disclosure and transparency without breaching the defendants’ Human Rights and EU Laws in relation to dissemination of personal information.

Jessica has experience in prosecuting various ‘pilot scheme offences’ for several Local Authorities. She appeared for Brent and Harrow Council in their first Crown Court prosecution under the Town and Country Planning Act. She acted in an advisory capacity from the beginning of proceedings. The defendant pleaded guilty to all charges. She was also instructed counsel at sentence and during the contested confiscation proceedings at which the Council were successfully able to reclaim all the costs and all the benefit accrued from the criminal activity.

Notable Cases

Re X – Jessica is currently instructed as Prosecution Junior Counsel at a Pre-Charge stage in a case involving a conspiracy of global bribery and corruption.

R v Andrews and others – Jessica is being led by Jason Sugarman QC in defending a charged with conspiracy to commit fraud as part of a “boiler room” fraud relating to Ecuadorian gold mines. The case involves over 300 complaints who lost £5.4 million.

R v KaramaRichard Jory QC and Jessica Tate instructed by Linda Barker of Duncan Lewis Solicitors, secured an acquittal for a 19-year-old charged with murder and attempted murder as part of a gang-related feud concerning drug dealing ‘territories.’ The issues in the trial included the knowledge required by secondary participants to be guilty of the offence and the correct application of joint enterprise principles under R v Jogee [2016] UKSC 8 [87].

Re M – Jessica is currently instructed to represent a client with assets restrained in the United Kingdom as a result of bribery allegations in the sum of $55 million dollars in Panama. These charges flow from ‘Operation Car Wash’, the biggest corruption scandal in the history of Latin America that resulted in the imprisonment of the former president and the largest recorded USA plea deal, namely $2.3 billion. The case involves the compatibility of Panamanian and UK confiscation legislation.

R v Mitchell – Jessica is currently instructed as junior defence counsel on behalf of Ms Mitchell who is accused of murdering Ms Chong and depositing her headless body in Salcombe, Devon.

View media report

R v Francis – Jessica was instructed to defend a youth charged as part of a multi-handed stabbing case involving machetes and other bladed articles. The Crown offered no evidence following her submissions.

R v Louanjli – Jessica was led by Mark Rainsford QC in defending a client charged with fraud and money laundering offences as part of a £100 million fraud with over 100,000 pages of witness statements, transcripts and documents. The trial issues included financial and legal compliance, causation and intervening conduct in relation to criminal accessory liability and the exclusion of ILOR obtained phone material.

Re Shahar – Jessica was led by Oliver Mishcon in representing a client challenging the City of London police’s seizure of his monies. The police seized and retained banknotes, deposited by the client at the Bank of England for redemption, during an investigation into allegations of counterfeit notes, tax evasion and money laundering. The case issues included the Bank of England’s legal responsibility to redeem bank notes and whether VAT is payable on currency. As a result of our submissions the client’s money was released and redeemed and no charges were bought. This case was part of a global trend whereby national financial institutions attempted to frustrate their legal obligations to redeem out of date or damaged currency.

Operation Papa – Jessica was instructed by an NGO, to advise them on whether they could prosecute an act of global terror in the United Kingdom under the principle of Universal Jurisdiction. The attack itself has been the locus for multiple allegations of political cover up and corruption within Argentina and various politicians and police officials have been held accountable for the failure to investigate this matter.

R v Constantinou – Jessica was led by Miranda Moore QC in defending two trials at the Central Criminal Court arising out of allegations of serious sexual assault involving multiple complainants. The first trial was abandoned following the defence’s highlighting of the Crown’s failures to comply with their disclosure duties. Their client was ultimately acquitted of the most serious allegation and several other charges.

R v O’Garro – Jessica appeared for one of the defendants charged in several wide-ranging conspiracies to supply class A drugs also involving the use of a firearm and ammunition. Jessica drafted an application to dismiss the charges, resulting in the conspiracy charges against her client being withdrawn.

R v Halliday – Jessica appeared for a defendant accused of a serious sexual assault. The Crown dropped all charges against the defendant prior to the trial following her written and oral representations.