UK Edition
Tom Hayes hires Gary McKinnon’s lawyers for new appeal
Convicted Libor fraudster Tom Hayes has hired a new lawyer as he attempts to have his conviction overturned.
Karen Todner, a solicitor best known for representing computer hacker Gary McKinnon in his extradition battle with the US authorities, is now working for the former bank trader.
Hayes wants to take his case to the Criminal Cases Review Commission (CCRC), which looks into claims of miscarriages of justice, to argue that he has new evidence which could help his case.
He was found guilty last August of conspiracy to defraud by trying to manipulate interest rate benchmark Libor.
His previous appeals against his conviction have been rejected, although an appeal against his sentence resulted in the jail term being reduced from 14 years to 11 years.
The former UBS and Citi trader’s lawyers believe Hayes may be in a good position to go to the Review Commission, though the majority of cases studied by the body are rejected. Out of 19,234 applications to date, the CCRC has only referred 612 for appeal.
“Because Tom has already appealed his conviction and sentence, the CCRC is now Tom’s only hope of achieving justice,” said Ms Todner.
“Tom’s family are now in possession of fresh evidence, some of which Tom requested in his trial but which UBS and the prosecution did not supply, choosing instead to say that it did not exist or that Tom had got it wrong.
“We believe Tom has a strong case, which our submission to the CCRC will demonstrate.”
Ms Todner represented Gary McKinnon in his decade-long battle with the authorities to avoid extradition to the US, where he was accused of perpetrating the biggest ever hack into military computers. Much of his campaign to remain in the UK revolved around McKinnon's Asperger's syndrome and the claim he was looking for evidence of UFOs.
This experience of clients with Asperger's was a factor in her appointment on Hayes' case.
Hayes' family said: "Tom knew from the moment he met Karen that she understands him and the way he thinks, and that is the single most important thing to him."
Hayes hopes to pay for his solicitor and, in future, a barrister through a crowdfunding campaign. The aim is to raise £150,000 – currently just over £2,000 has been donated by a total of 25 donors, including family members.
Hayes is the subject of a confiscation order to pay the government £900,000 as proceeds of crime, which is expected to lead to the sale of the family home and his wedding ring.
He also said the legal bills have exhausted his financial resources.
The fundraising page says that January’s acquittal of six brokers accused of conspiracy to defraud alongside Hayes gives him and his family hope that he may have his conviction overturned.