Leila Gaafar

Leila undertakes a wide range of criminal work. Building on her previous experience as a solicitor, she is developing a reputation as an astute trial advocate, with excellent client management skills.

Leila has particular expertise in the area of financial crime. She appeared, led by Duncan Penny K.C., as junior counsel for the first defendant at trial in a Serious Fraud Office prosecution for conspiracy to defraud and fraudulent trading. She was junior counsel to Romy Andrianarisoa, the former Chief of Staff to the President of Madagascar, who was prosecuted for requesting a bribe. She is instructed to defend an individual in connection with an alleged £20 million VAT fraud. As a solicitor, she represented the former Chief Compliance Officer of Alstom, who was acquitted of conspiracy to corrupt. She has experience in Proceeds of Crime Act 2002 matters, including contested confiscation proceedings, civil recovery, and unexplained wealth orders.

Leila is also instructed to defend and prosecute in a number of general criminal cases. Work highlights in this area include:

• R v KG: Junior defence counsel (led by Simon Ray) in the trial of a senior member of the armed forces, accused (and acquitted) of involvement in the sale of ammunition to an undercover police officer posing as an organised criminal.
• R v AS: Defending alone in a historic rape case for a defendant with a previous conviction for rape. The defendant was acquitted.
• R v F: Instructed as junior defence counsel in a historic murder trial.
• R v JM: Defending alone at trial an individual client charged with (and acquitted of) rape, assault by penetration, and coercive or controlling behaviour.

Leila’s commercial background – first as a City solicitor at Slaughter and May with a predominantly commercial practice, and subsequently as a white collar criminal practitioner at WilmerHale – means she is exceptionally well-placed to take on a wide range of corporate criminal work.

Leila has experience representing corporates in a number of Serious Fraud Office investigations, including the investigation into Glencore plc. She appeared as second junior counsel (led by David Perry K.C. and Katherine Hardcastle) for Entain plc in connection with its £615 million deferred prosecution agreement with the CPS (the first ever DPA agreed with the CPS). She has provided advice to corporate clients on a range of criminal and regulatory matters, and has represented several organisations, including banks and other financial institutions, in proceedings before the Financial Conduct Authority. Leila has also worked on a number of investigations by overseas authorities, in particular the United States Department of Justice and the Securities and Exchange Commission.

As a result of Leila’s depth of experience representing corporates, and her understanding of corporate structures and procedures, and her experience in civil, criminal and regulatory matters, she is able to provide pragmatic and commercially-sensitive legal advice to these clients.

Leila has particular experience advising on complex issues of legal professional privilege. At the Bar, she has provided standalone advice to corporate clients on these issues, including in the context of Serious Fraud Office investigations.

Leila represents a number of individuals charged with fraud, bribery and corruption. This includes high-profile, complex cases prosecuted by the Serious Fraud Office.

Leila appeared as first junior counsel at trial for a defendant in the Serious Fraud Office prosecution of fraud offences at Balli Group and Balli Steel, and in subsequent confiscation proceedings. She was junior counsel at trial to Romy Andrianarisoa, the former Chief of Staff to the President of Madagascar, who was prosecuted for requesting a bribe under section 2 of the Bribery Act 2010. She is also instructed to represent the former COO of Petrofac in a bribery matter prosecuted by the Serious Fraud Office.

While working as a solicitor, Leila represented Jean-Daniel Lainé, the former-Chief Compliance Officer of Alstom, who was charged with conspiracy to corrupt in relation to contracts secured by Alstom in Hungary. After a ten-week retrial, Mr Lainé was acquitted. She also represented suspects and witnesses in a number of other Serious Fraud Office investigations, including the investigations into British American Tobacco, Rolls Royce, GlaxoSmithKline, KBR, and Barclays.

Leila has experience in Proceeds of Crime Act 2002 matters, including contested confiscation proceedings, High Court civil recovery proceedings, and unexplained wealth orders. She is currently instructed as second junior counsel for the National Crime Agency in multi million pound civil recovery proceedings against the wife of the former Chairman of the International Bank of Azerbaijan, Jahangir Hajiyev.

In addition to her work for individuals, Leila represents corporate clients in these areas, both for standalone advisory work and on longer-running investigations and prosecutions. For more detail, see ‘Corporate crime’.

Leila has worked on a number of internal investigations for corporate clients, ranging in complexity, size and outcome. She has assisted corporate clients with investigations into financial criminal matters, general criminal matters, and regulatory issues. Many of these investigations involved suspected bribery, for example, a recent internal investigation involving an overseas subsidiary of a multinational, US-headquartered manufacturer. She also has experience advising corporates in deferred prosecution agreement negotiations, having appeared as second junior counsel (led by David Perry K.C. and Katherine Hardcastle) for Entain plc in connection with its landmark £615 million deferred prosecution agreement with the CPS.

As a result of this depth of experience, Leila is able to advise on and assist with all aspects of the investigation process, including evidence gathering and initial assessments of that evidence, complex questions of legal professional privilege, and self-reporting to domestic and overseas authorities.

During her time as a solicitor, Leila was involved in a wide range of civil and public law matters, from complex trials in the Commercial Court to assisting an intervener in the Supreme Court case of Elgizouli v SSHD [2020] UKSC 10.

Since transferring to the Bar, Leila has continued to develop her public and civil law practice. She is currently instructed for a senior executive in connection with the Post Office Horizon IT Inquiry. She is instructed for the National Crime Agency in POCA civil recovery proceedings in the High Court against the wife of the former Chairman of the International Bank of Azerbaijan, Jahangir Hajiyev. Leila has also assisted senior members of chambers with advices on a wide range of public law matters, including the application of Covid-19-related legislation during the global pandemic, damages in a public law context, and sanctions legislation.

• CPS Level 2 prosecutor (Fraud specialist panel and general panel)
• Attorney General’s ‘Junior Junior’ panel

• BA English and Modern Languages, Magdalen College, University of Oxford (First Class)
• Graduate Diploma in Law, BPP University
• Legal Practice Course, BPP University
• Bar Transfer Test, BPP University

• The Honourable Society of the Middle Temple
• The Young Fraud Lawyers’ Association

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