Former 1 Gray’s Inn Square barrister Edward Agbaje has been jailed for 18 months after failing to pay more than £80,000 in tax to HM Revenue and Customs (HMRC).
The City barrister appeared at the Old Bailey today charged with two counts of cheating the public purse. He was represented by Graham Trembath QC of 5 Paper Buildings.
Agbaje, who was declared bankrupt in 1999 and 2008, was found guilty of not paying more than £80,000 in tax over a period of seven years, despite collecting more than £59,000 in VAT on fees from clients. He claimed in court to have gambled the proceeds.
“As a barrister Agbaje should have known better than to try to cheat the system,” commented Andrew Sackey, the assistant director of HMRC’s criminal investigation. “He thought he was above the law but HMRC will not stand by while criminals try to cheat the taxpayer. Declaring and paying VAT due is a legal requirement - not a lifestyle choice - so we’re pleased that justice has been served.”
Abaje was discovered by the HMRC during a routine VAT visit to his chambers, when it was found that he was continuing to trade using a deregistered VAT number on invoices. Andrew Marshall of 18 Red Lion Court, instructed by HMRC assistant director John Pointing, was initially prosecuting.
This is the second high-profile tax fraud sentence for a barrister in less than a month. In February former 39 Essex Street silk Rohan Pershad QC was jailed for three and a half years after being found guilty of VAT fraud (26 February 2013). Marshall was also the prosecuting counsel for HMRC in that case.
The convictions come after HMRC launched a task force to crack down on tax dodgers in the legal profession in response to specific intelligence (18 September 2012). It is part of a nationwide operation by HMRC, which is looking to recover a total of £19.5m from a number of trades, including grocery and retail in Wales, the North West and South West, hair and beauty in the North East, restaurants in the South East and Solent, and the Scottish motor trade.
However, the deliberate targeting of the bar angered the Bar Council, which claimed last year that HMRC did not communicate with it.
“It is not, at present, clear to us exactly why the legal profession has been targeted by HMRC. Barristers provide an essential, front-line public service which is crucial to the smooth running of our country’s excellent and world-renowned justice system,” said Bar Council chairman Michael Todd QC in September. “The law is one of the UK’s strongest exports, and barristers and solicitors bring billions in revenue to the UK every year.”
Agbaje was last year suspended from 1 Gray’s Inn Square pending the outcome of proceedings. He subsequently left the set.
Readers' comments (5)
Honest Taxpayer | 15-Mar-2013 10:06 pm
“It is not, at present, clear to us exactly why the legal profession has been targeted by HMRC" said Bar Council chairman Michael Todd QC.
Couple of reasons, Mikey - Rohan Pershad QC and Edward Agbaje.
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Robert | 16-Mar-2013 5:20 pm
"It is not, at present, clear to us exactly why the legal profession has been targeted by HMRC" ... quote ...Bar Council chairman Michael Todd QC
Surely the fact that two senior counsel have been convicted of very serious VAT fraud in just a few weeks perhaps justifies the decision to target the legal profession.
Unlike many businesses counsel have to conduct their business under their real name.
Instructing solicitors would immediately notice if they received a VAT invoice in the name of anyone other the the counsel they had instructed. It is unlikely any form of complex fraudulent paperwork trail could be used by fraudulent counsel in an attempt to conceal.
The investigation of an individual using a de-registered or fake VAT number must be rather less complicated than many of the much more complex VAT frauds officers encounter.
The evidential paperwork necessary to secure a conviction, for anyone of a number of offences available to the prosecutor, is not too demanding. The defences available for such charges are extremely limited.
The fact that “The law is one of the UK’s strongest exports, and barristers and solicitors bring billions in revenue to the UK every year.” seems absolutely no reason to exclude them from proper and seemingly fruitful investigations.
It will be interesting to see if these two cases are hopefully the only "rotten apples" uncovered by the investigations. The very nature of this type of offence is such that any others who have offended will now surely be detected.
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A Barrister | 18-Mar-2013 12:48 pm
12,000+ barristers in private practice and 2 (yes TWO) convictions. We must ALL be at it.
In guilt, yours,
A Barrister
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Anonymous | 18-Mar-2013 3:44 pm
The remark made by Michael Todd QC in September was not his finest observation, even though it was made before the two convictions referred to in the report. The huge majority of members of the Bar have got nothing to fear from a tax investigation, and Todd should not have been giving the impression that an investigation is a problem. Barristers pay tax like everyone else and there is no reason why their compliance shouldn't be checked.
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Robert | 18-Mar-2013 4:26 pm
As to message above @ 3.44
I have no doubt that the majority of the 12,000+ barristers deal with thier VAT affairs perfectly properly.
I could not understand terms of the statement made by Michael Todd in September.
Surely the last thing any wise tax investigator would want to do is to alert any particular group that they are subject a an investigation.
Given the ease of checking an individual barristers VAT as to their revenue from legal work, one would not wish to forewarn that very small percentage of deceitful counsel that a unfortunate "accident" with all their incriminating evidence before the arrival of the "VAT Man" might make it much harder to prove the more serious offences involving forgery/false accounting/dishonesty etc .
Hopefully those two who caused all this unfortunate publicity will turn out to be the only counsel found to have defrauded the system.
Only time will tell.
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