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MUTHUPANDI GANESAN FCIARB

Barrister / Partner                                     

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EXPERTISE

Muthupandi is a dual qualified Barrister-at-Law with a national and international practice and reputation.  Muthupandi also practices as an Advocate in India.  His areas of expertise are extradition, arbitration, commercial litigation, asset recovery and cross-border, multi jurisdiction cases involving mutual assistance between countries based on international conventions and instruments.
Muthupandi is an international lawyer, who has substantive experience in assisting and representing clients robustly with the assistance of local lawyers in a number of jurisdictions including India, Grenada, Seychelles, Libya, Kenya, Isle of Man, Spain, Estonia and Nigeria.

EXTRADITION

Muthupandi Ganesan has acted on behalf of both governments and individuals in relation to extradition requests from range of countries under the European Arrest Warrant including Poland, Lithuania, Netherlands and France.  In addition, Muthupandi has experience of representing defendants on complex extradition requests under Part 2 of the Extradition Act 2003 from Kenya, USA and Seychelles.

Some of the notable cases include:

Kenya v Yagnesh Dewani - Muthupandi represented Yagnesh Dewani at first instance in relation to Kenyan Sh7.6 billion Triton oil fraud.   This was a complex extradition proceeding with substantial volume evidence including evidence in relation to political motivation and examination of prison conditions in Kenya.  This case took over two years at first instance.

Republic of Seychelles v RM - Muthupandi successfully represented the Director of Seychelles Land Transport Agency in relation to the Republic of Seychelles first ever extradition request.

ARBITRATION

Muthupandi Ganesan regularly undertakes and advises on arbitrations conducted under the SIAC, LCIA and ICC Paris especially with regards to enforcement of arbitration award in India.
Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd [2018] EWHC 2713 (Comm) – Represented the respondent company in opposing in enforcement of the arbitration award. 

CONFISCATION

Muthupandi has enormous experience and expertise and is nationally and internationally recognized by his colleagues as a leader in confiscation law. Muthupandi has appeared in several notable appeal cases including:

Ghulam, Ghulam, Butt v R [2018] EWCA Crim 1691- Represented the Appellants in relation to an appeal under section 10a of the Proceeds of Crime Act 2002.

Virgin Media v Zinga (2014) 1 Cr. App. R. 27 (CA), (2014) 2 Cr App R (S) 30 on whether a private prosecutor can apply for a £8mn confiscation order.

Re: K (2007) EWHC 308 (Admin) the first and leading case on whether bail is available pending    a certificate of inadequacy application in the High Court.

Re: Shahid Malik (2013) (Admin) successful application to stay enforcement of a confiscation order on the basis of a delay of 6 years.

R v George Addison (2011) EWCA Crim 1777 appeal in relation to the determination of benefit and apportionment.

R v Stephen Ayankoya (2011) EWCA Crim 1488, (2011) Lloyd’s Rep. F.C. 58 successful appeal against a confiscation order on the basis of incompetent

FINANCIAL CRIME

Muthupandi has huge experience of dealing with large scale, complex fraud including advance fee fraud, high yield investment fraud, invoice factoring fraud, internet / identity theft fraud and tax fraud. In 2009, Muthupandi completed a 10 months secondment at the Financial Services Authority (Wholesale Enforcement Division) in relation civil enforcement proceedings against a multinational bank for breaches of systems and control. The secondment related to an internal $50 million investment banking fraud by employees of the bank.  In addition, Muthupandi assisted in the investigation and prosecution of Significant Influence Functions holders of the bank. In the same year, Muthupandi completed a 3 month secondment as ‘disclosure counsel’ considering ‘unused’ material in an advance fee fraud case (R v Foster – Kingston Crown Court).

During 2008 / 2009, Muthupandi was instructed as ‘Independent Counsel’ on numerous occasions by the Serious Fraud Office in relation to review of legal professional privilege material from seizure of personal computers.
Muthupandi has considerable experience in dealing with white collar crime cases and associated areas such as breaches under the Companies Act including Directors Disqualification Proceedings.

SPECIALIST CONFERENCE SPEAKER AND TRAINER

I have been recognised as an expert by the European Academy of Law, European Institute of Public Administration, Council of Europe and by British and US High Commissions.   I have conducted trainings in a wide range of countries such as in Barbados, Montenegro, Germany, Bulgaria, Luxembourg, India, UK, Romania, Sweden, Kyrgyzstan, Sri Lanka, Romania and Uzbekistan.

Summary of Participation in International Legal Projects 2012 – 2018

Dates

Country

Institution

Position

Project

13- 14 November 2018

Romania

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

Presentation on electronic evidence.

13 – 15 August 2018

Sri Lanka

British Embassy

UK Foreign and Commonwealth Office

Department for International Development

Subject Matter Expert (SME)

National Expert (NE)

Will be training the Sri Lankan judiciary on international asset recovery. 

10 and 11 April 2018

Prague, Czech Republic

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

Presentation on:  Cybercrime and international asset recovery.

12 January 2018

Isle of Man

Isle of Man Shipping Registry

Subject Matter Expert (SME)

National Expert (NE)

Presentation on international maritime criminal investigation

8 December 2017

Uzbekistan

British Embassy

UK Foreign and Commonwealth Office

Department for International Development

Subject Matter Expert (SME)

National Expert (NE)

Presentation on: Mutual Legal Assistance in asset recovery

 

24 September 2017

Germany

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

Presentation on:  Cybercrime and asset recovery.

11 November 2016

Germany

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

Presentation on: Mutual Legal Assistance in asset recovery

 

25 October 2016

Russia

Council of Europe

Subject Matter Expert (SME)

National Expert (NE)

Council of Europe training on “Basic Anti-corruption and Anti-money laundering Concepts”: Two presentations on:

 

(1)          International cooperation against money laundering: case studies.

(2)          Asset recovery:  International standards and case studies.

5th February 2016

Kyrgyzstan

British Embassy

UK Foreign and Commonwealth Office

Department for International Development

Subject Matter Expert (SME)

National Expert (NE)

International Asset Recovery:   a seminar on International Best Practice in Financial Investigation & Asset Recovery for Practitioners:

 

(1)          Evidential Consideration in Asset Recovery Cases

(2)          Cybercrime & money laundering

(3)          Corruption & money laundering case study

(4)          Money laundering & asset recovery case law

27th October 2015

Russia

Council of Europe

Subject Matter Expert (SME)

National Expert (NE)

Council of Europe training on “Basic Anti-corruption and Anti-money laundering Concepts”: Two presentations on:

 

(3)          International cooperation against money laundering: case studies.

(4)          Asset recovery:  International standards and case studies.

 

23rd September 2015

Romania

EEA Grants, Norway Grants, OKOKRIM

Subject Matter Expert (SME)

National Expert (NE)

Corruption and Financial Crimes: Following the financial trails: Presentation and seminar on international co-operation in asset recovery cases.

22nd & 23rd June 2015

Barbados

US Embassy [Caribbean]

Subject Matter Expert (SME)

National Expert (NE)

Civil Asset Recovery & Off-shore Companies: Presentation to Police, Investigation Officer and Judiciary on:  Civil asset recovery and forfeiture – focus on off-shore structures for Grenada, St Vincent and the Grenadines and Antigua.

27th & 28th April 2015

 

Germany

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

ANNUAL FORUM ON COMBATING CORRUPTION IN THE EU 2015 FREEZING, CONFISCATION AND HANDING OVER THE PROCEEDS OF CRIME

Seminar / Presentations on:

(1)          Cyber laundering and confiscation of criminal assets: legal and practical challenges

(2)          Confiscation Regime: UK Experiences & Changes

16th & 17th April 2015

 

 

Sweden

Government of Offices of Sweden

Ministry of Justice

European Commission’s Prevention of and Fight against Crime Programme

(Director General Home Affairs)

Subject Matter Expert (SME)

National Expert (NE)

 

Countering the Illegal Use of the Internet

 

Seminar / Presentation on:

 

(1)          Cybercrime and money laundering: legal and practice challenges

(2)          Mutual Legal Assistance in asset recovery.

 

 

 

 

 

10th and 11th March

[European Institute of Public Administration

European Centre for Judges and Lawyers]

Luxembourg

European Commission

Denmark

Romania

Rant: JUST/2013/JPEN/AG/4519

Subject Matter Expert (SME)

National Expert (NE)

Mutual Recognition Instruments in the European Judicial Area

 

Seminar / Presentation on:

 

(1)          New directions in EU legislation – Directive on the freezing and confiscation of proceeds of crime in the European Union

(2)          The Camden Asset Recovery Inter-Agency Network (CARIN), EU National Asset Recovery Offices (ARO’s) and Europol’s Role in Asset Recovery

3rd and 4th February 2015

 

 

Montenegro

UK Foreign and Commonwealth Office

Department for International Development

Subject Matter Expert (SME)

National Expert (NE)

Criminal Confiscation: Extended Confiscation Regime in the UK

 

Confiscation of crime proceeds in bribery and corruption cases

 

 

27th and 28th March 2014

England, UK

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

“Confiscating the proceeds of crime in cyberspace: Should cyber criminals be treated in a separate category?”

 

13th and 14th February 2014

Germany

European Academy of Law

Subject Matter Expert (SME)

National Expert (NE)

“Cybercrime and Money Laundering: Confiscation of Criminal Assets: Legal and Practical Challenges”

 

2nd – 4th October 2013

Bulgaria

Council of Europe

Subject Matter Expert (SME)

National Expert (NE)

Provided training to the Bulgarian Magistrates and Prosecutors in relation to “comparative analysis of confiscation and civil asset recovery in the UK

PUBLICATIONS

October 2013: WestLaw Insight: “Tainted Gifts” under the Proceeds of Crime Act 2002

QUALIFICATIONS & MEMBERSHIPS

Bachelor of Laws (LLB, Hons) Master of Laws (LLM)

Barrister-at-Law (Lincoln’s Inn) (England and Wales) (2003)

Fellow of the Chartered Institute of Arbitrators (2017)

Attorney-at-Law (Grenada, Eastern Caribbean) (2013)

Advocate (Tamil Nadu, India) (2014)

Temporary Admission to Seychelles Bar Association, Republic of Seychelles (2014)

Member of the Tamil Nadu and Puducherry Bar Council, Republic of India (2014)

Member of the Bar Association of Organization of East Caribbean States (OECS)

Member of the Bar Council of England and Wales

Member of the Criminal Bar Association

Member of the Proceeds of Crime Lawyers Association

LANGUAGES 

Tamil (Indian Language)