Hojol Uddin

Partner

Motoring & Driving Offences Criminal Defence Solicitors Business Crime

Hojol.Uddin@jmw.co.uk

Hojol is the Head of the Business Crime and Regulation team and has extensive practice in various areas of Criminal and Regulatory work. He leads a team of lawyers specialising in a wide range of financial, regulatory and general criminal law to represent businesses, individuals and professionals, both domestically and internationally. Due to his pragmatic approach, Hojol is frequently sought upon to provide advice and representation on well-publicised and sensitive matters from investigations stage. This also includes reputational management of individuals and their associated businesses.

Fraud & Financial Crime

Ranked as a Top Tier Criminal and Fraud Firm by the Legal 500 and Chambers and Partners, Hojol and his team are regularly instructed in the nation’s largest prosecutions, including complex SFO, HMRC and NCA cases. Due to the size and complexity of the matters, Hojol leads a team of lawyers and is able to ensure that leading King’s Counsel, barristers and experts are available to work alongside him.

The cases which this specialist department are instructed in are usually incredibly complex and high-profile, often with an international dimension and concerns substantial sums of monies. Examples include:

NCA v X, former director and chairman of the executive committee of a bank. The Guardian journalist has been investigating the movement of funds to the UK. X is named as securing ‘disguised’ loans from UCB in £Tens of millions to purchase property in the UK. Javed is said to own hundreds of properties in the UK - https://www.theguardian.com/world/1999/aug/28/bangladesh

NCA v JAR, attracting worldwide press attention, a former Assistant Under Secretary to the Minister of Defence for Legal Affairs, was dismissed for abusing his position embezzling and misappropriating funds in the sum of over $800 million. The Kuwait authorities seek the NCA’s assistance in the recovery of funds. Former Kuwaiti defence minister sentenced to seven years in ‘Army Fund’ case. Kuwait's former defence minister receives jail sentence | Reuters

Police v DM attracting national attention in relation to the former council chief executive facing charges, including misconduct in public office and procuring misconduct in public office, under investigation since 2013 and the estimated value of £349 million. ‘You did what you were told’: Inside Liverpool Council’s collapse into scandal | The Independent

R v LM, the £2 million fraud case, is one of, if not the largest ever, case involving football ticket resales to be bought before the Courts of England & Wales. The case has attracted national press attention and involves witnesses from Arsenal F.C., Chelsea F.C., and Liverpool F.C. North Yorkshire man denies Premier League ticket fraud - BBC News

With his significant experience in dealing with various investigations by law enforcement agencies and other regulatory authorities, Hojol is able to assist his clients with robust advice to ensure that the best possible outcome is achieved. He is regarded by professionals who have described him as being able to exploit ‘subtle legal points, or using his skill as seeing what an expert might do for a case’.

Serious Criminal Offences

Hojol’s serious criminal offence practice with his team has centred around defending prosecutions being brought by the National Crime Agency (NCA), Regional Organised Crime Unit (ROCU), His Majesty’s Revenue and Customs (HMRC), Trading Standards, Serious Fraud Office (SFO) and Crown Prosecution Service (CPS). In addition, Hojol also offers advice in cases involving serious and organised crime, specifically with an international element involving extradition. He has acted for clients in France, Spain, Portugal, Morocco, Turkey and Dubai.

Hojol has successful experience dealing with a variety of offences, including the following:

Fraud and Financial Crime;

Corporate Governance (Bribery and Corruption);

Proceeds of Crime Act proceedings relating to Money Laundering;

Conspiracy to supply Class A/B/C Drugs;

Participating in an Organised Crime Group;

Murder or Manslaughter;

Grievous Bodily Harm, Actual Bodily Harm and Assault;

Firearms and Offensive Weapons;

Proceeds of Crime Act proceedings relating to Money Laundering;

Malicious Communication Offences;

Controlling and Coercive behaviour; and

Perverting the Course of Justice.

Court of Appeal and High Court Judicial review or Case Stated

Hojol advises and undertakes Judicial Review of the decisions of Magistrates’ Courts. Hojol has previously represented defendants for drink driving and been successful in challenging cases to the High Court.

Hojol has also recently undertaken an application to the High Court in order to seek clarity within the Criminal Justice System for Judicial Review. This was the first application of its kind and has now left the doors open for future challenges.

Hojol is currently advising several individuals relating to fraud, confiscation proceedings and death by dangerous driving relating to challenging the decision of the Crown Court.

Motoring Offences

Hojol has leading experience in all motoring offences with particular niche expertise in evidentially and legally complicated cases relating to dangerous and careless driving (including death cases), drink driving, drug driving and speeding offences.

He deals with individual clients and corporations who instruct him, who are being investigated by Police Forces throughout England and Wales. Hojol has dealt with thousands of cases and advised many more, with a significant proportion of his cases coming by recommendations and referrals from other Solicitors to assist their clients’ requirements, and client recommendations. Hojol is required on many occasions to deal with cases which have been transferred directly to him due to poor preparation, and service where his meticulous and personal service is key to the case, with rectifying any flaws that have already occurred.

Hojol’s approach is unique, very direct when advising clients and tailors it to his clients’ requirements.

Hojol represents all members of the public and is a very approachable individual, and can assist you in any driving-related issues you have, that are at the Police station, Magistrates, Crown Court, Court of Appeal or High Court.

Notable Cases

Hojol deals with so many niche and complex cases that not each can be listed or explained. However, if your case does not fall in any of the below, then please contact Hojol directly and no doubt he will be in a position to assist.

Fraud and Financial Crime

1) R v M and others – ROCU – Cardiff Crown Court - Money Laundering using Cryptocurrency - Resulted in the Prosecution formally offering no evidence against our client. Result - Our client was the only client not to be convicted or sentenced for the allegation. Crime gang laundered £4.6m of cocaine money in cryptocurrency.

2) R V S – NCA (Pre-Charge) – Client is under investigation for substantial amounts of monies relating to cash and gold bullion. The client was on strict pre-charge conditions by the NCA. These were successfully resisted, and the client is free to travel with his passport and begin trading again.

3) R v O and others – Cyber-Mandate Fraud – Portsmouth Crown Court - With the trial just a week away and after having received further disclosure from the prosecution, we made further written representations as to why our client should not be prosecuted. Result - Within 24 hours, the prosecution responded to confirm that no evidence (i.e. not guilty verdict) would be offered against our client on the first day of trial. Two men jailed for money laundering following Hampshire & Isle of Wight Constabulary investigation

4) R v JU – Money Laundering – Inner London Crown Court - Result – all charges were dropped following half-time submission at Court.

Serious Criminal Defence

1) R v C – ROCU Investigation and NCA Most Wanted - Manchester Crown Court - Conspiracy to Commit Murder. Involved extradition from Portugal and thereafter a trial on being involved in an Organised Crime Group (OCG), resulting in the death of a rival member of a separate OCG. Murderer who went on run jailed for Tameside drugs turf war shooting

2) R V AM - NCA Most Wanted (Pre Charge and Post Charge) – Bristol Crown Court - Successful opposition to conditions pre charge for Conspiracy to Supply Class A and Class B. Successful extradition process in Lisbon supreme court on Habeous Corpus application. Thereafter, successful negotiations for the withdrawal of firearms offences upon extradition back to England and Wales from Morocco. Most wanted man pleads guilty to drug supply charges

3) R v WB – ROCU Investigation – Manchester Crown Court - Conspiracy to Commit Murder, this related to OCG’s attacking one another with weapons, including grenades, shotguns, as well as a chainsaw and machetes. This case includes significant cell site, ANPR, telephone evidence, and radio frequency. There were also vehicle trackers and counter-surveillance undertaken by the OCGs. Result - This case drew national attention, and our client was unanimously acquitted. Gangs behind the murders of John Kinsella and Paul Massey are sponsoring a new wave of violent crime

4) R v Z and others – NCA and ROCU – Manchester Crown Court - Conspiracy to Supply Class A/B and Participating in an Organised Crime Group. This was the leader of an OCG dubbed “Mr Big”. Following a thorough analysis of the prosecution evidence and the careful presentation of the defendant’s case. Result - a unanimous not guilty verdict was reached in respect of all of the counts faced by the client. Thug who killed a dad-of-two in 2004 was unmasked as a Salford 'Mr Big' and locked up with ten others.

5) R v C – ROCU - Attempted Murder – Lewes Crown Court – This involved rival motorcycle groups seeking to attack one another. One individual was severely injured with multiple wounds. The client was originally represented by another firm, and during the festive period, instructed Hojol. With less than 4 weeks, negotiations took place to remove the attempted murder charge to a section 18 GBH. The client was extremely pleased. Hells Angels left rival biker fighting for life after ‘revenge’ attack

6) R v P and Others - Possession of a Firearm, Ammunition and Assisting an Offender Proceedings – Manchester Crown Court – We were successful with an application to dismiss Count One (Possession of a Firearm) and Count Two (Possession of Ammunition), based on insufficient evidence. Following the application, Result - Count Three of the Indictment (Assisting an Offender) remained, and the client was acquitted after trial. The incriminating crash footage that helped lock up gunmen for years

7) R v K – Section 18 – Woolwich Crown Court - Grievous Bodily Harm to a Police officer whilst driving a motor vehicle - on the first day of Trial, the Prosecution confirmed that they would not be pursuing any further action against Mr K in relation to the Grievous Bodily Harm charges. Result - resulting in the trial being collapsed.

8) R v N – Harassment and Stalking – Aylesbury Crown Court - This was a clear case of manipulation by the complainant of the Police. However, the Police force failed to recognise this. Albeit some other Police forces had understood the tricks to mislead the Police where our client was not charged. However, he was subsequently charged (third attempt by the complainant). Result - This case proceeded to the trial, and the case was successfully withdrawn on the day of trial, as we had prepared a defence bundle which showed the web of lies.

9) R v H – Harassment - Tameside Magistrate Court - Result - Charge withdrawn in advance of the Trial due to the lack of evidence presented by the Prosecution following representations to the reviewing lawyer of the case.

Motoring Offences

1) R v JB – Death by Dangerous Driving - York Crown Court – This case involved the defendant and drew substantial attention. This involved mobile phone evidence, forensic experts on collisions, weather experts and a GPS expert. We were able to demonstrate our client was not on his mobile phone at the time the accident occurred, resulting in the collision, reducing this from a Death by Dangerous Driving to a Death by Careless Driving. Driver James Bryan, who killed a cyclist in a fatal crash jailed - BBC News - Not Guilty Death by Dangerous Driving

2) R v S – Death By Dangerous Driving- Snaresbrook Crown Court – This was an evidentially complicated case by the Homicide Team for the Metropolitan Police. This involved CCTV experts and collision experts. There were substantial disclosure requests, which ultimately resulted in the Homicide Team and CPS accepting our case and withdrawing the charge. Albeit we had accepted the lesser charge of Death by Careless Driving - Not Guilty, Death by Dangerous Driving

3) R v FN - Dangerous driving – Court of Appeal - appropriate length of the operational period of a suspended sentence: R. v Nadeem, CLW/23/30/10. Result – Court of Appeal Success

4) R (on application of Andrea Hughes) v Macclesfield Magistrates’ Court [2013] EWHC 3993 (Admin) - Judicial review in which the defendant’s conviction for drink driving was quashed in the High Court as she had been refused an adjournment to obtain medical evidence relating to “post alcohol consumption”. High Court – Successful Judicial Review

5) R v S Trafford Magistrates Court, Drink Driving - One of the Highest Recorded Readings in the UK - 197 in breath – Result Suspended Sentence

6) R v V - Worcester Crown Court, Drink Driving – Duress of Circumstances and the client drove the vehicle due to injuries suffered – Result - Appeal Successful

7) R v J – Peterborough Magistrates Court – Excess Speed- 147 miles per hour – The client was being considered for potentially dangerous driving. However, this was reduced to excess speed only - Result - Not Guilty after Trial

8) R v M – Preston Magistrates Court – Excess Speed (15 Offences) – The client had unbeknownst to him committed 15 separate speeding offences over two weeks, with speeds ranging from 60 to 75 mph in a 50 mph zone. After successful arguments, one offence was successful after trial, two others were withdrawn, leaving 12 offences. The client was at risk of a minimum of 42 points up to 54 Points. Result - 12 Offences - 42 Day Disqualification and No Points

Interests

Hojol is a keen sports person who enjoys exercise and keeping fit. Hojol goes to the gym and plays football on a regular basis. He is also a car fanatic, which assists with his knowledge on motoring offences.

In addition to the above Hojol is also a trustee for Manchester Young Lives (MYL). MYL is a registered charity that has been working with children and young people in some of the most disadvantaged areas of Manchester for almost 50 years.