Richard Sharpe

Whilst at Kirkland, Richard’s representative matters have included:

Investigations

• Conducted an audit committee investigation into fraudulent accounting allegations in a global energy services platform in the Middle East.

Arbitrations/Litigation

• Acted for an international private equity fund in HKIAC arbitration proceedings (seated in Hong Kong) in connection with a claim against a limited partner of the fund for approximately USD 1bn, for breach of confidentiality.
• Acted in ICC arbitration proceedings (seated in New York), and ancillary Hong Kong High Court proceedings in connection with a shareholders’ dispute in Hong Kong, arising from U.S. Chapter 11 proceedings.
• Acted for a multinational professional services firm in Hong Kong High Court contempt of court proceedings, arising from a dispute over the enforceability of inter-jurisdictional disclosure obligations.

Prior to joining Kirkland, Richard’s representative matters included:

Investigations

• Represented a Chinese telecommunications company in a significant export controls and economic sanctions investigation by the U.S. Departments of Justice, Commerce and Treasury.
• Represented the Hong Kong branch of a PRC bank under investigation by the HKMA/ICAC for anti-bribery and corruption offenses.
• Represented an international bank in HKMA regulatory investigation into a widespread banking fraud perpetrated by a member of retail staff, as well as conducting the associated civil litigation (including advocacy in Hong Kong to freeze USD 26 million).
• Represented a global reinsurer in an investigation by the Hong Kong Confederation of Insurance Brokers, UK Financial Conduct Authority and Hong Kong ICAC into a staff member’s cybertheft of commercially sensitive intellectual property.
• Represented an international bank under investigation by the SFC into financial services misselling.
• Represented multiple corporate executives and individuals in investigations by the ICAC.
• Defended multiple financial institution clients criminally prosecuted by the Hong Kong Customs and Excise for offences under the Import Ordinance (including conducting Hong Kong criminal Court advocacy) relating to technology imports.

Arbitrations/Litigation

• Acted for an international private equity fund in CIETAC arbitration proceedings (seated in Beijing) in connection with claims of fraud arising from a PRC investment, including conducting the advocacy in the High Court of Hong Kong to freeze more than USD 250 million worldwide.
• Acted for the private equity arm of an international bank in SIAC arbitration proceedings (seated in Singapore) in connection with claims of fraud arising from a direct equity investment in an Indian film company.
• Acted for an international bank in three LCIA arbitration proceedings (seated in London), against a Russian-Mongolian SOE and a Mongolian conglomerate in connection with the bank's investment in one of the world's largest copper mines, and fraud arising from the related structured facilities and security arrangements, and acted in connected England and Wales High Court litigation.
• Successfully pursued Hong Kong High Court contempt of court proceedings on behalf of an international private equity fund, against an individual for false statements arising from Court ordered asset disclosure.

London Bar

• Lexi Holdings (2012) — Instructed in a six-month criminal trial as junior counsel for the defence in a complex GBP 150m bridging loan fraud, perpetrated against a syndicate of Barclays, Bank of Scotland and Lloyds TSB, prosecuted by the Serious Fraud Office.
• R v Mohammed Fazal (2009) — Appeared as sole counsel for the Crown in the Court of Appeal (Criminal Division) in the first case providing guidance on the definition of “converting” within s.327 Proceeds of Crime Act 2002.
• HMRC v Raymond Woolley (2008) — Instructed as junior counsel for the Revenue and Customs Prosecution Office in a High Court enforcement of a confiscation order for £5.5m against a British national resident in Switzerland. The Defendant became one of very few individuals to be extradited from Switzerland for a tax fraud matter.
• The Asset Recovery Agency v Dylan Creaven (2006) – Instructed as junior counsel by the Asset Recovery Agency in the first High Court civil recovery application under Part V of the Proceeds of Crime Act 2002. The Agency sought GBP 162m from the Defendant for alleged MTIC carousel VAT fraud.
• Had sole conduct of dozens of criminal jury trials to verdict, in England and Wales, acting on behalf of both the prosecution and the defence, in cases involving various prosecuting authorities, including the Serious Fraud Office, the Special Casework Division of the CPS, and Her Majesty’s Revenue and Customs Prosecution Office.

Clifford Chance LLP, 2013–2018