ODonnell used the Encrochat handle "ToxicMantis" from March 2020 to June 2020 and was given the nickname Scarface Anfield by other users due to a scar on his face and Anfield being where he used to live. Posted on February 7, 2021 by Thomas Leonard Ross KC. When the case came before Liverpool Crown Court the judge (Dove J) directed that a preparatory hearing should be held to determine the admissibility of the EncroChat evidence. In Friday's judgement they compared the process with that of sending a letter: "The process involves the letter being written, put in an envelope, a stamp being attached and then the letter being placed in the post box. He used the Encrochat handle Humantender and his sentencing was in relation to supplying at least 1kg of cannabis. Townsend was convicted of conspiracy to supply cannabis and acquire/use/possess criminal property. I'd need to give that some further thought, and I note that the Court itself recognises that this is not a universally held position., The judges also criticised defence expert witnesses, saying: The experts have an important role in explaining how a system works, but no role whatever in construing an Act of Parliament. Paolo, a huge thank you to you and all your team at Cobleys. Paolo Martini of Cobleys Solicitors has helped defend clients who have found themselves exposed when Encrochat devices have been hacked and is an expert in cases where these devices are involved. To win the argument, the defence first required to persuade the Court that the material obtained was intercept material (classically phone tapping) which would then allow a discussion of whether the 2016 Act prohibited its admission. The EncroChat devices have dual operating systems, one being the EncroChat operating system itself and the second being a standard Android system with no functionality. These included messages described in a previous High Court ruling as ongoing as they were stored in handsets after transmission. It was a hard fought case. Saunderson, Mount, Owens, Hartley, Shearwood, Kelly, Eccles, Pope and Smith between are charged with conspiracy to supply a quantity of class B ketamine, mephedrone (MCAT), diazepam and cannabis between the same dates. We took immediate action on our network by disabling connectivity to combat the attack. A comment from the Court of Appeal stated that: If it is intended to repeat this kind of process in other pending cases involving EncroChat material, those involved should not be surprised if the trial judges deal with them rather more briskly.. 633045. He went under the Encrochat handle Misterbigarms. The charges followed the seizure by police of large amounts of chemicals and substances alleged to have been for the production of drugs after raids on industrial units in Aintree and North Wales last summer (pictured below). Get in touch with Paolo Martini by email on p.martini@cobleys.comor call today on 0151 242 9000 for his expert opinion on EncroChat and EncroPhone legal defence. You can also email us at enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we'll be in touch soon. This has included members of Organised Crime Groups (OCGs) engaged in serious and significant criminal offending. A gang who used Encrochat on the dark web to hide their multi-million pound drug deal operation in Merseyside has been jailed for more than 89 years combined. Officers later raided homes across Merseyside on February 11 and said property, including "high-end jewellery" and cash was seized. The key findings of Dove J on this question are to be found at paragraph 63 of the judgment(Dove J) found that the communications were extracted directly from the handset of the user and not while they were travelling to, through or from any other part of the system. The contrary argument of course was that the Court was not dealing with intercept material at all it was not intercepted in the classic sense, simply recovered from storage. (LogOut/ During hearings in Europe it has been alleged MPs and lawyers had also used the service and legally privileged information may have been viewed by law enforcement. If its at rest, police need to apply for a Targeted Equipment Interference (TEI) warrant; if its in transmission, they need a Targeted Interception (TI) warrant. Graham Minards, from Canella Avenue, Norris Green, used the secret pseudonym "Calm Tea" while trading more than 1,300kg of class A drugs. William Davidson, 39, and his right-hand man Steven Gorry, 47, were linked to the supply of 108kg of cocaine and 14kg of heroin arranged via the encrypted phone network, which was hacked by French and Dutch crime fighters in 2020. Jack Wymer known as 'ItchyTrain' was the latest in a long list of criminals put behind bars for their role in using encrypted mobile phones to transport and sell thousands of pounds of drugs. It is done remotely, but it is done by interrogating the RAM of the phone, not by intercepting the communication after it has left the phone. Ultimately Dove J ruled that the EncroChat evidence WAS admissible and parties went off to the Court of Appeal. No liability shall be accepted by the Directors of Cobleys Solicitors Ltd. Cobleys Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA No. I await developments in England (and particularly the first Scottish prosecution based on EncroChat) with interest. Senior officers described it "as akin to cracking the enigma code". Paolo is very proud of this victory and believes it to be the first victory for the defence in an Encrochat prosecution which has resulted in the collapse of the prosecution case and the release of all the defendants. Period of compromise was about 30 minutes and the best we can ascertain was about 50% of the carbon devices in Europe (due to the Updater schedule).. All rights reserved 19982023, 'Look at how it was five years ago and how it is now. The Cox gang struck in a meticulously . All rights reserved. The key findings of Dove J on this question are to be found at paragraph 63 of the judgment(Dove J) found that the communications were extracted directly from the handset of the user and not while they were travelling to, through or from any other part of the system. Had they succeeded, a number of criminal trials including some test cases in Liverpool would potentially have collapsed. And there will always be credit available to those who ultimately plead guilty. DX 417 LONDON, The EIO did not request that the French authorities conduct the interference with the UK-based handsets (on behalf of the UK authorities), Ground 1: The statutory criteria for the issuance or validation of the EIO were not satisfied. | Terms of Business You are advised to power off and physically dispose of your device immediately. The 53-year-old . England, Telephone:0203 78180100203 7818010 "Only the last act involves the letter being transmitted by a system, but all the acts are essential to that transmission. In an article on the EncroChat system, he correctly predicted the breach and implant by French law enforcement days before the news broke. If any legal professionals have any enquiries regarding the issues raised in this article please contact me atwww.benchmarkadvocates.co.uk. The High Court dismissed an application by the Claimant, C, for permission to judicially review the EIOthat had been issued by the CPS, requiring the French authorities to give them access to EncroChat data. 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Officers managed to find out he used his cab to transport drugs during the Covid-19 lockdown. Richard Weild, 39, of Mount Pleasant Road, Wallasey, boasted that he could make 30,000 a week and specialised in adulterating cocaine for organised crime groups (OCGs) up and down the country. The content of this website for information purposes only and does not constitute legal advice. The EncroChat messages purportedly show the Claimant discussing the storage of large quantities of drugs, in particular heroin and cocaine in safe houses, and its movement and sale. Both prosecution and defence agreed that messages couldnt be stored and transmitted at the same time. This would involve deciding whether, at the point when they were intercepted, the. The Claimant sought for the Regulations to be construed narrowly but the Court highlighted the importance of having regard for the underlying Directive. This came to be the key conflict in the case. That implant caused the device to transmit to the French police all the data held on it. Encrochat: Secret network messages can be used in court, judges rule 5 February 2021 NCA By Tom Symonds Home affairs correspondent, BBC News An attempt to stop prosecutors using messages from. The sentences will run consecutively for a total of 12 and a half years. The fact that Dove J found that the material was obtained in compliance with French domestic law is undoubtedly important, as is the fact that the Investigatory Powers 2016 is (by section 272) extended to Scotland. In practice that means listening to a phone call or reading an email". L1 6BW Andrew Birdappearedfor the DPP in his successful opposition to thepublic law challenge to theEuropean Investigation Order('the EIO')used to obtain evidence of EncroChat communications for criminal proceedings in England and Wales. Thomas OBrien, 43, Finch Lea Drive, Huyton was sentenced to 18 years for conspiracy to supply cocaine and diamorphine, and conspiracy to supply cannabis. The Claimant is currently facing criminal proceedings in Liverpool Crown Court. Legal protections against unlawful interception, in section 3 of the Snoopers Charter, dont apply to data in storage targeted by police hackers under a TEI warrant. John Hassall, 53, of Laird Street, Birkenhead has 25 previous convictions, including for burglary, wounding, affray, possession of cannabis, and battery. Regulated by the Bar Standards Board. They appear to have assumed that because a communication appears in the RAM as an essential part of the process which results in the transmission it did so while being transmitted. Law enforcement's hack of Encrochat, an encrypted phone network used heavily by organized crime, is now facing a wave of legal challenges across the United Kingdom as defendants raise issues with. Robert Pearce, after being on remand in Altcourse HMP since December 2020, was released by Liverpool Crown Court on 16th April 2021. They also note that there has been no complaint about the validity of the TEI warrants (which would have to be made in the Investigatory Powers Tribunal) and therefore the warrants must be treated as valid. Sources may include the local parish registers, civil registration records, court and land records, and sometimes published material. ENCROCHAT HACK: Major trial due after 11 defendants deny 56 charges at Liverpool Crown Court, estimated the haul was capable of producing, more than 3,000 kilos of amphetamine sulphate, Essex News & Investigations 2020. I simply spotted the failure and brought it to the Crown Courts attention. When an EIO is issued it may not be known that there is an identified (or identifiable) suspect, thats often the point of the investigation , There can be circumstances in which it is permissible for an EIO to request the executing State to engage in the gathering of evidence, which is not yet in their possession. It operates using specific handsets provided by the EncroChat system operator and functions on the basis that the EncroChat devices can only communicate with other EncroChat devices. Surely judges have to have some sympathy for those defendants who delay their plea until we actually know for sure what the admissibility of this evidence will be?. 7. of conspiring together and with other persons unknown to produce a quantity of class B amphetamine. Drugs boss captured as police crack coded messages, Haulier ran Europe-wide drug ring from living room, More than 20,000 Russians dead in Bakhmut, US says, France May Day protests leave dozens of police injured, 'Fighter jets are roaring over my home in Sudan', 'My wife and six children joined Kenya starvation cult', Cat-and-mouse chase with China in hotly contested sea, On board the worlds last surviving turntable ferry. By Ashmans Solicitors On April 24, Wymer was jailed for 10 years. Key features of Encrochat products include dual operating systems, global use across 120 countries and security features that make erasing data as simple as sending a text or entering a password. James Wright, 36, of Brewery Gardens, Gatecare was sentenced to 16 years for conspiracy to supply cocaine and diamorphine, conspiracy to supply cannabis and possessing criminal property. Andrew Bird is a specialist in white-collar crime, civil and criminal asset forfeiture,and civil and public law proceedings regarding the criminal process. Get in touch or call us today on 0151 242 9000. The fact that Dove J found that the material was obtained in compliance with French domestic law is undoubtedly important, as is the fact that the Investigatory Powers 2016 is (by section 272) extended to Scotland. A message was sent out on June 12th 2020 to Encrochat users explaining that there had been a major breach stating: Due to the level of sophistication of the attack and the malware code, we can no longer guarantee the security of your device. Under section 29(3) of the Senior Courts Act 1981, the Crown Courts jurisdiction in matters relating to the trial on indictment is excluded from the jurisdiction of the High Court in a claim for judicial review. 26-year-old Michael Townsend of Grant Road, Huyton was sentenced to six years in prison at Liverpool Crown Court today, Tuesday 9 February. On Friday 16.4.21 a legal argument submitted by Paolo Martini and his counsel was successful and as a consequence the whole case was ruled a nullity, meaning that the case ended and all defendants walked free from the Crown Court and slept in their own beds that night with their loved ones. Were it the latter, the defence submitted that the material should as a result be excluded in terms of section 56 of the 2016 Act. That implant caused the device to transmit to the French police all the data held on it. As it was succinctly put by Chief Justice Lord Burnett of Maldon in the Court of Appealthe issue in this appeal is whether evidence obtained from a mobile phone system known as EncroChat, which was marketed to its users as totally secure, can be admitted in evidence in criminal proceedings or is excluded by the Investigatory Powers Act 2016. That being so, the appeal is dismissed. This would involve deciding whether, at the point when they were intercepted, the. That is so however quickly after transmission the obtaining of the copy takes place, or even if the copy is extracted while the original encrypted communication is being transmitted. Obviously, my clients were beyond delighted. The judge summarized the nature of the EncroChat system in this wayEncroChat is a system of encrypted communication. Martin McCoy, 42, of Bewey Close in Toxteth was sentenced to 16 months for conspiracy to supply cannabis. They promised their clients future privacy in order to remain satisfied. In order for one user of EncroChat to speak to another it is necessary for them to know the unique user identification, or handle, of that person. It was within section 4(4)(b). Managing Partner and Director of Cobleys Solicitors, Paolo Martini, has been heavily involved in representing defendants charged with conspiracy based on Encrochat evidence and is at the vanguard of defending Encrochat prosecutions. Thomas Cashman's final desperate message to try and intimidate 'accomplice' Paul Russell, Mum discovered cancer after buying 39 test she saw on Facebook, These are the faces of 39 Merseyside criminals who were jailed during April, 'My husband's body was treated like a bag of rubbish after he died on our living room floor', Live updates as police cordon off road lined with houses in Rice Lane, Lee ODonnell, 28, of Mostyn Avenue, appeared at Liverpool Crown Court after pleading guilty to conspiracy to supply a Class A drug (cocaine), Class B drug (cannabis), money laundering and acquiring/using/possessing criminal property. A vast number of cases are awaiting a criminal trial that will rely, to a greater or lesser extent, on the admissibility of communications made via the supposedly highly encrypted Encrochat service. Smith faces a charge of conspiracy with others unknown to produce class B cannabis between April 1 and July 23 2020. When the case came before Liverpool Crown Court the judge (Dove J) directed that a preparatory hearing should be held to determine the admissibility of the EncroChat evidence. The material was STORED when it was intercepted. Families of those arrested during the fall-out from the Encrochat penetration have been arguing online that the NCA broke the law by accessing and reading messages "in real time", as they were being sent. As well as the Encrochat messaging app, the company developed a modified version of the Android operating system and sold altered smartphones known as "carbon units" to run its software. Unfortunately, developments in 2020 suggested that this technology was not as air-tight as previously thought. Explore in 3D: The dazzling crown that makes a king. Encrochat shut itself down when it discovered the hack in June after people began being charged. Robert Pearce, after being on remand in Altcourse HMP since December 2020, was released by Liverpool Crown Court on 16th April 2021. The Court of Appeal said: It is not known when or how the malware extracted the messages. Change). The EncroChat servers were in France and the French Gendarmerie found a way to send an implant to all EncroChat devices in the world under cover of an apparent software update. The key legal argument centred on a piece of "malware" placed by French experts on Encrochat phones worldwide. The NCA obtained a TEI warrant, as previously reported, arguing that the data harvested from EncroChat was being stored at the time that European police forces accessed it. Detectives identified Burrell as supplying in excess of 14.5kg cocaine as well as significant quantities of cannabis. This provides the answer to the statutory question. On April 6 Davidson was jailed for 18 years and nine months, while Gorry was locked up for 16 years and six months. Described as a "leading player nationally" and being "in the higher echelons" of organised crime, he and his business partner Peter Bradshaw armed themselves with hand grenades and were ready to recruit "lads who blow any c***'s head off" in order to fend off serious threats after falling into large sums of debt. Email: office@cobleys.com, Second Floor They said this was evident because during the actual transmission the message were encrypted, and therefore couldn't have been read, as they were by the police. The argument was made, unsuccessfully, that EncroChat messages were intercepted as opposed to being recovered from storage in handsets. The views of the Justices of the Court of the Appeal will no doubt carry weight north of the border. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Legal Challenges to the EncroChat Hack anIntroduction. They have now named me The Magician!. The NCA, which obtained the evidence from France, said it was the biggest breakthrough ever in the fight against organised crime. Why would a British police force need to bother with TI warrants in future when even messages in the act of being transmitted are, legally, in storage and can therefore be hacked from abroad by foreign police or intelligence agencies with impunity provided UK police get a TEI warrant? The power to issue an EIO is established by the EU Directive 2014/41/EU, which is transposed into domestic law in the provisions of the Criminal Judgment (European Investigations Order) Regulations 2017. Created withWix.com. As it stands, according to the Court of Appeal, there is no point of law of general public importance that would justify referring their decision to allow intercepted communications (such as EncroChat data) to be used as evidence to secure convictions in criminal cases. EncroChat was penetrated in 2020 by the National Crime Agency (NCA) and messages were intercepted and decoded. The court determined that none of the submissions made in relation to this ground had any material bearing on the validity of the EIO. Paolo spoke with Mr Rupert Bowers QC (Barrister at Doughty Street Chambers) on the topic. "If it is intended to repeat this kind of process in other pending cases involving EncroChat material, those involved should not be surprised if the trial judges deal with them rather more briskly." . Hassall was sentenced to 12 and a half years and shook his head when told his sentence. a) A particular offence relating to a specified set of facts is required. In addition, the judgment also sheds more light on Britains Byzantine and occasionally opaque surveillance laws, which regulate how police can lawfully spy on people. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The Claimants fundamental complaint is summarised to be about the use to which the product of the EIO may be put in criminal proceedings against him (not about the validity of the EIO itself). From drug dealers caught through their love of cheese to major drugs . . What remains on the device is not what has been transmitted, but a copy of it or what, in older forms of messaging, might be described as a "draft". Operational AI cybersecurity systems have been gaining valuable experience that will enable them to defend against AI-armed opponents. . Detectives seized more than 282,500 of cash, firearms and ammunition and Class A drugs with a street value of more than 1.3 million.Four of the men Sean Burrell, James Wright, Martin McCoy and Thomas OBrien had been users of Encrochat devices. That ruling also . We also may change the frequency you receive our emails from us in order to keep you up to date and give you the best relevant information possible. ODonnell also bragged on Encrochat about purchasing a television from a specific store and officers were able to find evidence and further details about the transaction. An attempt to stop prosecutors using messages from hundreds of phones that were part of the Encrochat secret communications network in court has been rejected by the Appeal Court. Mount, 37, of Summerwood Gardens, Halsall, is also accused of between March 26 and April 2 2020, conspiring to acquire an illegal Glock pistol and ammunition. Your support and professionalism has given me my life back.. Communications were stored in or by the telecommunications system by which they were transmitted, or whether they were being transmitted at that point. The National Crime Agency believes Encrochat was mainly used by criminals, often to trade drugs and guns. His Encrochat handle Stunhun confirmed Wright as supplying more than 17kgs cocaine, 4kgs heroin and 30kgs of cannabis. The pair were collared as part of a North West Regional Organised Crime Unit (NWROCU) investigation into EncroChat accounts using the handles 'WoodenJay, 'RainBonsai' and 'RacyBike'. The Claimant is currently facing criminal proceedings in Liverpool Crown Court. Newsletters, articles, legal updates and event invitations, Home | About Us | Practice Areas | Barristers | Join Us | Knowledge Hub | Contact, Sitemap That being so, the appeal is dismissed. Iqbal was handed a 12-year term on Friday at Guildford Crown Court. The Joint Investigation Team called its harvesting of EncroChat material Operation Emma and Dove J went on to summarise the way in which it had proceeded. Nine men have been jailed at Liverpool Crown Court on Monday 20 December, including: Sean Burrell, 29, of Peacehaven Close, Childwall was sentenced to 13 years and six months for conspiracy to supply a controlled Class A drug, cocaine and diamorphine, conspiracy to supply a controlled Class B drug, cannabis, and conspiracy to produce a controlled Class B drug, cannabis. Jack Wymer, 29, from Huyton, jailed for a high level EncroChat drugs operation, William Davidson, from Melling, jailed for trafficking large quantities of Class A drugs using the EncroChat handles 'WoodenJay' and 'RainBonsai', Steven Gorry, from Walton, jailed for trafficking large quantities of Class A drugs using the EncroChat handle 'RacyBike'. OK, send in the contractors. Despite all this the Lord Chief Justice, Lord Justice Edis and Mrs Justice Whipple sided firmly with prosecutors, saying: We do not accept that this issue requires a minute examination of the inner workings of every system in every case, stating: The communication is that which is transmitted. The admissibility, in any given case, of the EncroChat evidence falls to be determined in the Crown Courts. It appears that the Court of Appeal has just rendered useless a large part of the protections in the Snoopers Charter. Detective Inspector Paul McVeigh said: Our officers have worked hard in a year-long investigation to unravel this crime gang, which was under the control of Sean Burrell, who employed criminal associates to further his criminality. The case involved an application for permission to bring a Judicial Review claim in relation tothe EIO, which was submitted by theCPSto the authorities in France on 11 March 2020. It was the first case linked to the EncroChat probe to be discontinued at Liverpool Crown Court.. co. . On Friday April 29, after pleading guilty to three counts of offering to supply cocaine, heroin and cannabis. EIO's were introduced in July 2017. . Messages sent between handsets were end-to-end encrypted: scrambled as they travelled across the internet, making them practically impossible to decode if intercepted. In a 2015 factsheet on the bill before it became law, Yellen warns US could run out of cash in a month, Shooting suspect was deported four times - US media, Street piano confiscated as public 'break rules', MasterChef Australia host Jock Zonfrillo dies, King Charles to wear golden robes for Coronation, Photo of Princess Charlotte shared as she turns 8, More than 100 police hurt in French May Day protests, Explosion derails train in Russian border region, Banana artwork in Seoul museum eaten by visitor. The judge then embarked upon a technical description of the way in messages were sent, received and stored. What an amazing result. His Encrochat handle was Sacredmask. England, Telephone:0151 242 90000151 242 9000 He admitted conspiracy to supply heroin, cocaine, ketamine and cannabis, and being concerned in the production of MDMA and amphetamines. b) There can be no investigation into an offence (i) that is unknown to the investigating authority or (ii) that has not been committed. That hearing ran for 15 days between 16th November and 3rd December 2020 and involved a great deal of oral evidence, including expert evidence. Police claimed that in general, using an Encrochat phone, which cost thousands of pounds to own and operate, demonstrated a likely involvement in criminal activity. Michael Joseph, 56, of Rock Lane East, Birkenhead was sentenced to eight years and one month for possession cocaine with intent to supply. Marvin Porcelli, 47, Rathbone Road, Wavertree was sentenced to seven years and six months for conspiracy to supply cocaine and diamorphine, and conspiracy to supply cannabis. Steven Sinclair, 54, Pilch Lane in Huyton, was sentenced to 10 years for conspiracy to supply cocaine and diamorphine. The UK response to the hack, Operation Venetic, has seen more than 200 drug traffickers and violent enforcers arrested in Merseyside alone. The same men, plus Michael Pope, 34, of Whinney Grove West, Maghull, and Connor Smith, 27, of Derby Grove, Maghull, also face one charge each of conspiracy to supply class B amphetamines and another count each of conspiracy to supply class A cocaine and heroin between the same dates. Within hours of the breach Police across the United Kingdom were engaged in search and arrest operations, which have resulted in a number of people appearing before the Courts with further arrests expected in the future. which was penetrated by police last summer resulting in more than 1,000 arrests.
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