Vulnerable Young Mother Facing Fraud Allegations Aquitted

Our client was charged with money laundering as part of a substantial multi-handed prosecution involving numerous co-defendants.

It was alleged that following a fraudulent call from a “bank”, victims in this case would have their cards collected by a member of this conspiracy. The cards were then used in the purchase of high value goods from luxury department stores such as Harrods ands Selfridges. Our client was alleged to have been involved by way of collection of these goods from the stores. The total value of the conspiracy was £1,477,737.21.

While the majority of those charged faced allegations of conspiracy, our client was the only defendant charged with the lesser substantive offence.

The prosecution relied on telephone messages between our client and the head of the conspiracy in which she was instructed to collect the goods. There were also personal messages relied upon to show our client was aware, or at least suspected, that the work was of a criminal nature. Our client’s defence was that she believed she was acting as a personal assistant for the wealthy when making these collections.

From the outset, it was clear that our client's circumstances were markedly different from her co-defendants. There was no suggestion she was involved in the fraudulent acquisition of the cards, or in touch with anyone other than the head of the conspiracy. We therefore successfully secured the severance of her case from that of the co-defendants, ensuring that her position could be considered on its own merits.

The defence case centred on our client's account and the significant vulnerabilities that made it more plausible. She had limited English language skills, an exceptionally difficult upbringing. Expert psychological evidence supported these concerns, concluding that she was highly vulnerable, impressionable and dependent upon others for information and direction. The expert further found that she lacked the linguistic and cognitive tools necessary to properly recognise and assess the potential criminality of the circumstances in which she found herself.

The case carried particularly serious personal consequences. Our client had recently had a child and was attempting to build a stable future for her young family. A conviction would have had a profound impact on both her and her child with the risk of immediate imprisonment.  

We made extensive written representations to the prosecution that there was no realistic prospect of conviction, and the prosecution was not in the public interest, relying on the limitations of the evidence and our client’s vulnerabilities.

However, the matter proceeded to trial at Southwark Crown Court. We took witness statements from our client’s loved ones to ensure her good character could be put before the Court.  Following a four-day trial, during which the defence highlighted our client's vulnerabilities and extensively challenged the prosecution's case, the jury returned a verdict of not guilty.

The acquittal allowed our client to retain her good character.  Most importantly, it enabled her to focus on what mattered most: caring for her new child and rebuilding her future with her family.

Phoebe Coleman was the solicitor of conduct of the case, with Alex Krikler of 9BR Chambers instructed as counsel.