Senior Fraud & Cybercrime Lawyer (New York State)
Gabriel is a New York qualified Lawyer and has an Honours Degree in Law. Prior to attending Law School he spent over five years in the Middle East reading Arabic Logic and Jurisprudence. He is fluent in Arabic and holds a Diploma in Arabic language.
Before joining Stuart Miller Solicitors, Gabriel worked for a boutique Human Rights law firm and cut his teeth litigating political cases that required concurrent representation in the Criminal, Civil and Political platforms. He also gained valuable experience in New York City working on Homicide, Discrimination and Human Rights cases. He has represented clients in various jurisdictions, including the Middle East and East Africa and continues to frequent New York to attended conferences and second-chair in felony criminal cases.
Gabriel is a technical litigator, known for his strategic, innovative and zealous representation of his clients. Due to his training in financial communications and crisis management, he understands the financial and reputational consequences of an investigation on a business and therefore, seeks to devise clear strategies and reach resolutions that satisfy his corporate clients’ objectives. He is also acutely aware of the toll a criminal prosecution and investigation has on an individual client and their family and always seeks to lessen that burden by collateral civil legal representation.
Gabriel works in the Firm's Fraud & Cybercrime Department and acts for individuals, company directors, and private companies involved in Criminal and Civil Investigations and Prosecutions. He offers pre-charge investigation advice and recent advice areas have included: money-laundering regulations, corporate contract disputes, HMRC investigations and internal company investigations. His current practice focuses on Money Laundering, Cyber Fraud, Fraud by False Representations, Insurance Fraud, Immigration Fraud, Investment Fraud, Investment/ Securities Fraud, Confiscation Proceedings and Cash Seizure cases.
TERRORISM | HOMICIDE | INTERNATIONAL LAW
R v. A – Terrorism | Homicide
Gabriel was instructed to represent the principal defendant in a case that involved the political homicide of a British soldier on the streets of London (count 1) and the attempted murder of two Police Officers (count 2). In respect of the first count, it was argued that ‘A’ honestly believed he was fighting war and only targeted a serving member of the British armed forces because they were engaged in fighting an unjust war on behalf of the State. Hence, it was raised that the murder did not take place ‘under the Queen’s Peace’ – an element of murder under the common law. The jury acquitted “A” of Attempted Murder of two police officers in forty-five minutes. The Court dismissed “A”’s defence in respect of count one, leaving the jury no choice but to convict.
H2 v. Secretary of State for the Home Department – Terrorism | Deprivation of Citizenship | International Law | S.I.A.C
“H2” was disappeared during a trip to East Africa. His parents in London received correspondence from the Home Office stating that “H2” had been deprived of his British Citizenship due to his alleged involvement in international terrorism. The family of “H2’ instructed Gabriel to determine “H2”s whereabouts and challenge the decision of the Home Secretary to deprive him of his British citizenship. This case involved deprivation of citizenship, international terrorism, U.S. Federal Law and U.K. complicity in torture and rendition.
FRAUD | CYBER CRIME | MONEY LAUNDERING
R v. K - Fraud | Money Laundering | POCA
This case involved an international investigation by the National Crime Agency relating to Mandate Frauds and the wholesale laundering of over sixty million pounds through various off shore companies. In preparation for all eventualities Gabriel undertook a thorough examination of his client’s assets to ensure that if his case went to trial, a cast iron defence was in place. During pre-trial litigation it was discovered that there were defects in the prosecution search warrants and legal arguments were made to suppress the evidence seized as a result of the illegal search. The legal arguments were successful and the case was thrown out of court resulting in the return of significant cash and gold bars seized from his client.
R v. P – Cyber Fraud | Money Laundering | POCA
This case involved an IT consultant and an escort who allegedly hacked and manipulated a bank to create ghost accounts containing two million pound overdrafts. It was alleged that money was transferred to various bank accounts during the Money Laundering process. Following a trial, our client was acquitted of all charges and significant cash seized from our client was returned.
R v. N: Operation Sylphy - Cyber Fraud | Conspiracy | Computer Misuse Act
This case involved an investigation by the Metropolitan Police's Cyber Crime Unit where it was alleged that an individual hacked a gold bullion company diverting gold bullion to others involved in the alleged conspiracy. The case continues.
R v. F – Mandate Fraud | Money Laundering | Conspiracy | Company Director Fraud | POCA
In this case, our client was a company Director accused of laundering two million pounds from the proceeds of various Mandate Frauds through her company. We employed a pro-active strategy defence, litigating our client’s case on paper before the trial commenced. As a result, the case against our client was dropped before trial.
R v. M: Operation Strone – Fraud | False Identity | Terrorism | Conspiracy | Cyber Fraud | Money Laundering | POCA
This case involved a counter-terrorism surveillance operation seeking to arrest known ‘targets’ allegedly travelling to Iraq and Syria to join ISIS. During the surveillance operation, counter-terrorism police uncovered a false identity document factory containing thousands of false identity documents, which were linked to our client and allegedly used to travel by the counter-terrorism ‘targets’. Upon further investigation a sophisticated Cyber Fraud investigation commenced which connected our client to the hacking of various company bank accounts whereby millions of pounds were transferred from the hacked accounts into various bank accounts abroad. We were able to negate any forensic link between our client, terrorism and the Cyber Fraud aspect of the case. We were also able to suppress the evidence relating to that aspect of the case. The case continues.
R v. S: Operation Atrium – Crash for Cash | Fraud | Insurance Fraud |Money Laundering | POCA
Gabriel has been instructed to act in a ‘Cash for Crash’ case, which involves forty-nine defendants on a fourteen-count indictment. The prosecution alleged that our client was involved with multiple fraudulent insurance claims for contrived road traffic collisions. The case continues.
R v. K – Cyber Fraud | Copy Right Designs and Patent Act 1988 | Money Laundering | POCA
Gabriel was instructed on a complex Fraud case, which gave rise to a number of highly technical issues of fact and law. The prosecution alleged that there was a loss of two million pounds as a result of our client’s ‘card-sharing’ Fraud. The prosecution evidence was based on a technical digital analysis of our client’s servers, which they stated proved their case. Our first line of attack was to raise a technical defence asserting that there was not sufficient digital evidence to link the possession of ‘F: lines’ to either an operational server supporting those ‘F: lines’. We further argued that there had been an ‘abuse of process’ due to police negligence during the investigation stage of the proceedings.
R v. R – Conspiracy to Defraud | Cheating the Public Revenue | HMRC
Gabriel was instructed to act in behalf of an individual subject to an investigation by HMRC, Home Office Immigration Enforcement and Metropolitan Police concerning the alleged manipulation of earnings and tax records to create a false impression of increased earnings to assist foreign nationals to obtain leave to remain in the United Kingdom, and to obtain refunds from HMRC based on falsely declared tax deductions. The case continues.
R v. K – Company Director Fraud | Freezing Orders | POCA
In this case our client was a company director accused of Fraud by False Representation and as a result benefited in the amount of over five hundred thousand pounds. Although, our client accepted wrongdoing, he did not accept that he benefited in the amount of five hundred thousand pounds as alleged by the prosecution. A contested hearing on the quantum of loss pursued and it was concluded that the loss was one hundred thousand pounds, as opposed to five hundred thousand pounds alleged by the prosecution.
R v. K – Fraud
Gabriel was instructed to act for an individual indicted under the Fraud Act for an alleged Mortgage Fraud. The prosecution argued that as a result of our client’s actions there was a loss of over two million pounds. Our client pleaded guilty. However, through a pro-active litigation strategy devised by Gabriel at the outset of the proceedings he was able to persuade the Court to impose a suspended sentence instead of imprisonment.
R v. J – Cyber Fraud | Money Laundering
Gabriel was instructed to act on behalf of a client accused of setting up sham company websites which enticed individuals to transfer funds for the purchase of goods. The proceeds of the alleged scam were laundered through various bank accounts. The case continues.
R v. P: Operation Mahonesa – Importation of Class A (cocaine) from California | Conspiracy | Possession with Intent to Supply | Narcotics
This case involved packages containing cocaine sent from California to our client’s home address in London on multiple occasions. Our client was under surveillance and video recorded collecting some of the packages. Through legal argument we were able to suppress the fact that previous packages had been sent and signed for. Moreover, through further legal disclosure arguments we were able to obtain information from the prosecution, which enabled us to point the finger of blame on the real culprits known to the police, which they did not intend on disclosing. Following a trial our client was acquitted of all class ‘A’ cocaine drugs charges.
R v. G: Operation Albatros – Conspiracy | Supply & Production of Crystal Meth | RIPA 2002
This case involved an alleged plot to set up a ‘Breaking Bad’ style Drugs laboratory for the production and supply of crystal meth and MDMA. The prosecution case was based primarily on covert listening devices placed on vehicles used by the defendants. We robustly challenged the legality of the listening devices under RIPA 2002 and launched various applications to dismiss the charges and / or exclude the evidence. The case continues.
R v. D: Operation Fortress – Possession with Intent to Supply Class ‘A’ (cocaine) Drugs | RIPA 2002
Gabriel was instructed in a narcotics case involving a surveillance operation concerning the possession and supply of cocaine. Evidence was found on a mobile phone attributed to our client, which connected him to sale of cocaine, as well as surveillance evidence showing him at a ‘trap house’. He was also found in possession of a key to an address where substantial amounts of cocaine were seized. Following a trial our client was acquitted.