Penelope Small regularly appears in the Court of Appeal, the High Court and Crown Courts across the country where she represents the interests of prosecuting authorities, companies, trusts, third parties and defendants and regularly tackles cases with a cross border aspect and cases relating to the restraint or realisation of assets both before and after criminal convictions and during civil restraint and recovery proceedings.
Over the years Penny has been been recommended in the most important directories, illustrating her work ethic, experience and skill. Penelope is recommended in Chambers and Partners 2020 as “Extremely meticulous in her approach to cases and someone with a vast amount of experience in POCA and asset recovery.” and in the same directory in 2019 “Her paperwork is very thorough and she’s a formidable negotiator.” In Legal 500 2020 as “‘Very experienced in asset confiscation and recovery cases” and in the same directory in 2019 as ‘‘In demand for confiscation cases, she is admired by leaders and opponents alike.”
Penelope advises individuals, companies and solicitors’ firms who find themselves caught up in civil or criminal investigations, including parties who have been served with statutory or court ordered requests for disclosure of information and/or those who have become named in freezing or restraint orders.
Her cases frequently involve confiscation issues arising from criminal proceedings and complicated receivership issues. She has successfully defended clients facing multi-million confiscation orders. She has developed a particular expertise in relation to Mutual Legal Assistance and Letters of Request.
Recent Work Includes: Advising a corporate seeking to invest in Cannabis markets abroad on the SAR framework, representing a trust in multi-million confiscation order hearing, representing a number of wives in Crown Court confiscation proceedings where divorce proceedings were running concurrently and both the state and the spouse claimed the same assets. Dealing with restraint and management of bitcoin holdings.
Penelope is regularly instructed by prosecuting agencies including the SFO, FCA, CPS (PoCU) and BEIS (formerly BIS). She regularly represents wives and/or partners and business associates who seek to preserve from the court assets from former marriages/relationships from the statutory forfeiture regimes currently operating in this jurisdiction. She regularly lectures on proceeds of crime issues and is a contributing editor to Mitchell, Taylor & Talbot on Confiscation and the Proceeds of Crime.
Penny Small is also a member of Chambers at 33 Chancery Lane.
- R v X and others [2019- to date] representing SFO in multi-defendant restraint proceedings pre charge in respect of multimillion fraud investigation.
- R v X Ltd  Advised Corporate Client seeking to challenge the freezing of its UK based bank account by the Court following a suspicious transaction notification.
- R v Elam  Advised Enforcement Receiver on recovery of assets held in the name of a dissolved company held within an offshore trust.
- R v Hussain  Representing Respondent in the Court of Appeal where challenge to an agreed confiscation order was made on the grounds of the ‘perceived bias’ of the original sentencing tribunal.
- X  Advised former whistleblowing government employee on the nature and scope of the evidence which could be properly presented in ongoing civil proceedings whilst being compliant with Data Protection Legislation and an existing non-disclosure agreement.
- R v Richards and Others  Successfully represented third party spouse embroiled in multi million-pound confiscation proceedings following the largest value HMRC prosecution
GROUND BREAKING CASES
- Re Somaia [2018-2019] Represented Defendant in High Court Enforcement proceedings conducted by a private prosecutor against third parties including the wife of the Defendant. Case provided the definitive definition to be applied to ‘Tainted Gifts’ and also confirmed that the proceedings were civil in nature and therefore the Prosecutor could not recover his costs from central funds.