NEWS

Timothy Cray

Member's Details

Date of Call 1989
Email Address timothy.cray@6kbw.com
Telephone 020 7583 0410
University University of Durham
Degree BA (Hons) Law

Timothy Cray practises at the highest level of criminal litigation. He is regularly rated as outstanding by clients, colleagues and the judiciary. He brings hard-edged experience of trial advocacy to all matters in which he is instructed and appears as leading counsel in trials for murder, serious fraud, organised crime and serious sexual offences. Such experience informs his advisory work which includes negotiating with all the main prosecution departments of the State and advising Magic Circle and US firms on allegations of commercial fraud. He maintains an equal balance between defence, prosecution and advisory work and is able to offer the independence and breadth of insight that should be a cornerstone of modern practice. He has been described as a ‘barrister who other barristers turn to’ and been praised for his ability to deliver results when it truly matters to the client.

Specialisms

 Fraud, bribery and corruption
Homicide
Organised crime
 Money laundering and asset recovery
Regulatory
Mutual legal assistance

Scope of Practice

Fraud, Bribery and Corruption: Timothy brings deep experience and inside knowledge to this specialised practice. Innovative case presentation and understanding of the realities of criminal litigation are the hallmarks of his work e.g. acted for SFO in R v BAE Systems (www.sfo.gov.uk/.../bae-fined-in-tanzania-defence-contract-case.asp). Instructed by Freshfields on behalf of major city institution in 14 month HMRC inquiry. Instructed by Arnold & Porter to give strategic advice relevant to multi-national clients on Bribery Act 2010. Particular interest in US extra-territorial regulations including FATCA and FCPA provisions as they apply to FFI's and individuals. Appointed as independent counsel in joint SFO/FSA investigation under FCPA and regular consultant to litigation partner at Skadden’s. Instructed by Addleshaw Goddard in FSA insider trading investigation which reached a non criminal disposal.

Homicide: Timothy has an established Old Bailey practice which shows his ability to act in the most pressurised of environments. He has appeared in widely publicised cases as leading and junior counsel e.g. R v Thomas and Alexander (the ‘Clockwork Orange’ homophobic killing in Trafalgar Square, www.bbc.co.uk/news/uk - england-london 12283937;). R v Johnson and Austin (first fatal shooting to be shown on ‘Crimewatch’ www.bbc.co.uk/2/hi/uk-news/7503101.stm).

Organised Crime: Timothy has unique knowledge of international organised crime and has appeared in many of the most notorious trials of recent times e.g. the ‘Shadowline’ conspiracy (http://www.thisislondon.co.uk/standard/article-23965501-leader-od-gand-dubbed-tesco-of-drug-smuggling-faces-20years.do) and the Menzies Heathrow robbery which led to the first peacetime trial on indictment without a jury in over 400 years (http://www.guardian.co.uk/uk/2010/mar/31/jury-less-trial-guilty-heathrow-robbery). He has advised on the legality of investigative techniques used by SOCA, the Security Service and private agencies.

Money Laundering and Asset Recovery: As part of his commercial fraud practice, Timothy offers a ‘cradle to grave’ service on all aspects of asset protection, restraint, legal professional privilege and confiscation. This includes planning on AML/CTF issues that arise in civil litigation.  He is also regularly instructed by the SFO and CPS Central Confiscation Unit in this area. He has a particular interest in the law of search and seizure and has conducted contested hearings for the SFO under section 59 Criminal Justice and Police Act 2001.

Regulatory: Timothy has acted in numerous professional disciplinary matters, including appearing on behalf of the General Council of the Bar in appellate cases of importance to the profession. Instructions have included allegations of corporate misfeasance e.g. advising non executive director of venture capital company re ‘whistle-blowing’ (Cameron McKenna). Acted for Paul Raymond Publications Ltd in HMRC forfeiture allegations with international aspects.

Mutual Legal Assistance: Timothy acts for private firms and the SFO on MLA issues and related topics of concern to the individual client e.g. UK/USA comparative law on the consequences of conviction and immigration / visa applications (Nachman and Associates, New Jersey).

Serious Sexual Offences: Timothy has extensive past experience of defending in allegations of serious sexual misconduct with an emphasis on sensitive and privately funded cases. Further details are available from his clerks on request.

Appointments

SFO A list, CPS Grade 4 and rape list, Attorney General’s panel.

Other

Chairman of 6 King’s Bench Walk Advocacy Training,
Member of Bar Council Fees Committee.

Notable Cases
R v Twomey and Others [2011] 1 Cr. App. R. 29 CA; (Organised crime – Heathrow Robbery and see also interlocutory appeal at [2010] 1 WLR 630 CA).

R v Alexander [2011] EWCA Crim. 29; (Organised Crime – Operation Karnak, largest ever skunk cannabis importation).

R v Frauts and Lynch (2010, fraud involving care of children with autism spectrum disorder, http://www.sfo.gov.uk/press-room/latest-press-releases-2010/two-guilty-in-care-services-fraud.aspx).

R v Ulcay [2008] 1 WLR 1209 CA; (Regulatory – the cab rank rule).

Re Boodhoo [2007] EWCA Crim.14; (Regulatory – trials in absentia).

R v Adams and others (2007, high profile investigation run by SOCA involving advice on multi-agency approach including The Security Service and HMRC). 

R v Riefe and Others (2006, Most valuable counterfeiting case prosecuted to date in this jurisdiction – CPS Organised Crime Division).

Ex parte Tamosius and Partners [2000] 1 WLR 453; (Asset protection / LPP).