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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience:  Solicitors 2 years plus PQE
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If you are convicted of a criminal case in the UAE (Fraud)

Resolved Question:

if you are convicted of a criminal case in the UAE (Fraud) but live in the UK can you be arrested in the UK.
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. If the fraud is not something that is considered fraudulent in the UK then you will not be arrested and extradited in the UK. If it is then, the crime would have to attract at least one year of prison time in the UK. In any event the UK Government could refuse to extradite you if you are being persecuted on grounds or race, religion gender etc or if your human rights will be breached while in detention. What exactly are you being accused of? Kind regards AJ

Customer: replied 10 months ago.
Please read over my statement which will give you a better overview of the allegations made against me and the evidence we have summited to the law firm (STA) representing me in the UAE. Can you provide me with some legal advise also with regards ***** ***** questions as well as the case and statement.1. I have been instructed I must attend the trial in the UAE? ( not really convinced with this option)
2. If attend the trial and found guilty? ( Next process)
3. If I Do not attend the trial? ( can I be arrested in the UK , Can I be persuade in the UK)Statement of ***** *****
I am writing this in response to the complaint bearing No. 1066 of 2015 dated 21st February 2016 filed by Mr. Mohamed Khalil Antar (Mr. Khalil) on behalf of Gulf Marine Services (GMS) before Mussafah Police Station, Abu Dhabi.
I understand that much of their case relies on the false evidence provided by Mr Mohammed Ismail (Mr. Ismail), an independent contractor for GMS, in which he alleges, along with a Mr Mohammed Hussain (Mr. Hussain) that we were partners in a Company he owned called Universal Coating LLC (UC). All allegations made my both Mr. Ismail and Mr. Hussein are strongly refuted by me and I strongly believe are a result of a personal vendetta by GMS, most notably Mr. Khalil and Mr. Duncan Anderson (Mr. Anderson) the CEO of GMS who are themselves bribing Mr. Ismail by withholding a significant amount of money owed (2,000,000 AED) through contracted work delivered by Mr. Ismail’s Company MIMO Contracting (MIMO).
I am seeking that:
1. My defence be allowed to be entered and presented to the courts by my solicitor in my absence having given them Power of Attorney (POA) in this matter.
2. GMS answer the allegations of bribing a witness to enter a false statement.
3. The case be struck out by the judge allowing me to clear my name and reputation.
4. GMS pays the cost of preparing my defence against these false allegations.
Draft Defense
I strongly refute all claims made by GMS and argue that:
- These claims are solely motivated by a personal vendetta by GMS to find a scapegoat for the long standing business malpractice, fuelled and led by the Executive Management who still remain with the Company, most notably Mr Anderson the CEO.
- That the evidence provided by Mr. Ismail was done under extreme pressure and duress where his business and livelihood was threatened by GMS when they blacklisted his Company MIMO and withheld a significant amount of valid invoices unless he supported their false allegations against myself and a colleague of mine Mr. Stuart Kilbride (Mr. Kilbride).
- Provide strong evidence from an independent witness that GMS were withholding payments on the basis that Mr. Ismail had to support false allegations made by GMS. The instructions to blacklist MIMO and withhold all payments came directly from the CEO of GMS Mr. Anderson.
- Provide evidence that during my long service with GMS I always acted in a professional manner and received high praise from Senior Management for my professional conduct and that these allegations go against my career history and have no foundation.
- That I always followed Company policies and procedures and ultimately had no power to award contracts to any vendor, particularly one of significant value. My motivation was driven by my desire to provide GMS with the best provider for each requirement in order to achieve my Key Performance Indicators (KIP) and receive reward through performance bonuses on an annual basis.
- That I had no connection with UC in terms of ownership and was only aware of the Company through a long standing association with Mr. Ismail and MIMO who provided high quality labour for over 10 years to many GMS projects.Background to Employment History with GMS
I joined GMS in January 2014 as a “Construction Project Manager” where my main responsibilities where to improve the safety, quality, productivity, efficiencies, schedule, cost and working environment for the workforce. Within 8 months of me joining the company and delivering the first project I had completed all my assignments to a high standard, there were no safety incidents and I significantly improved productivity and efficiencies. All the improvements I managed and introduced provided a real time saving for GMS of over 1,000,000 AED in labour costs alone.
The result of this and the introduction of continual improvements saw me achieve 100% of my KPIs (the only manager during 2014 to achieve this) and as a result GMS promoted me to Project Manager:
Exhibit 1: GMS 2014 KPIs
In 2015 GMS had instruction from the Board of Directors to identify cost savings of between 5-15% for the next projects. This was to be achieved through a reduction in the overall schedule build time, reduce manning levels, improve productivity, and improve efficiencies. I introduced micro schedules to apply focus on areas that could be improved from the first vessel, an example being welding techniques, where we intro
Customer: replied 10 months ago.
I have tried to attach the statement file but it will not upload have you an alternative email address so I can send the complete statement.Regards
Patrick
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. Are the police accusing you of bribery? I certainly would not go back to the UAE to face trial, the only point i would note is you have to be careful when travelling in the future not to travel anywhere that could extradite you to the UAE, if you are found guilty. I look forward to hearing from you. Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 10 months ago.
My previous company have raised the case (fraud - Bribery & Corruption) back in 2015 with the evidence / Statement from a vendor who provided the manpower on the site. There have with held over 2,000,000 dirhams from him unless he made the statement and will not pay him until the case is over I have an independent witness how will swear to this. The Vendor prior to this was being removed from site by the instruction of my previous CEO as he believed the vendor was un trustworthy and ripping the company of for years, but now he is bribing him for a statement???.We have lots of evidence to support my innocence but I have no confidence in the justice system in the UAE I really want to attend the trial but not at the risk of going to jail. But I am unsure if I can be prosecuted or arrested in the UK. I cannot really see it going to extradition as the company never lost a single penny and I never received any monies. I know in the UAE its not about the monies its about the intent but anyone can raise a case in the UAE and your guilty until proven innocent out there. The trial is just a judge who at his discretion can determine the verdict and pass sentence???
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. The point to remember in the UK is the test for fraud is extremely high, so a spurious claim with little evidence is unlikely to lead to a conviction in the UK. I cannot comment on UAE law, but as a starting point do you actually want to return to the UAE? Kind regards AJ

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