BSQ Announcement: BSQ launch Dedicated Interpol Department

Roger Sahota and Pragya Sinha Kumar

Berkeley Square Solicitors is pleased to announce the launch of a dedicated department within our firm specialising exclusively in INTERPOL matters, including applications to the Commission for the Control of INTERPOL’s Files (CCF) to delete Red Notices and related data.

Our team has a strong track record of acting for high-net-worth individuals facing politically motivated or abusive notices, particularly in cases involving economic crime allegations.

To mark the launch of the department, we review an important CCF case excerpt providing guidance on how Interpol deals with Red Notice deletion applications related to allegations of fraud or corruption.

In 2024, INTERPOL released a new set of case excerpts alongside a publicly accessible repository, providing greater transparency into how the CCF approaches Red Notice deletion requests. For applicants considering whether to challenge a Red Notice, these publications offer invaluable insights into the CCF’s reasoning and the circumstances in which data can be deleted.

One of the most significant new case excerpts concerns allegations of fraud and corruption. This type of allegation is by far the most common basis for abusive Red Notices, and one we frequently see raised in complaints to the CCF.

Historically, INTERPOL has stated that the role of the CCF is to review compliance with data-processing rules, not to weigh the evidence or decide the merits of a criminal allegation (see Case No. 12 of 2018, para. 36). However, the 2024 excerpt shows that in certain situations the CCF is prepared to adopt a more searching inquiry, particularly where there are credible claims that allegations are fabricated for political purposes.

Case Example: Businesswoman Accused of False VAT Invoices

In Case No. 2 of 2024, a businesswoman was accused of issuing false VAT invoices. She had no direct political background, but her company was linked to a politician known for outspoken views on human rights. The applicant pointed out that:

• The company allegedly benefitting from the scheme had not been convicted in domestic courts.

• Other companies involved were not prosecuted or had charges withdrawn.

• Reports from bodies such as UNCAT, Human Rights Watch, and Amnesty International highlighted politically motivated prosecutions in that jurisdiction.

The CCF requested detailed information from the National Central Bureau (NCB) about her alleged personal role, including any benefit she gained and the calculation of profits. Despite repeated requests, the NCB failed to provide specific answers. The CCF concluded that the available material did not demonstrate any criminal act, intent, or benefit, and ruled the data non-compliant.

Conclusion

This case demonstrates that the CCF will not simply accept allegations at face value when there is evidence to suggest fabrication or political motivation. Instead, the CCF may probe deeply into the facts to ensure compliance with its rules.

Roger Sahota is the head of the department. Roger is a partner at Berkeley Square Solicitors and a specialist in international criminal law. Roger specialises in applications to the CCF for the deletion of Interpol Red Notices. He is one the editors of the rednoticemonitor.com. Pragya Sinha Kumar is a legal assistant in the Interpol litigation department at BSQ.

Our Red Notice Expertise

At Berkeley Square Solicitors, we have successfully represented numerous clients in deletion applications before INTERPOL, including high-net-worth individuals accused of economic crimes. Our dedicated INTERPOL department closely follows new case law and developments such as the 2024 case excerpts and repository, ensuring our clients benefit from the latest insights.

Roger Sahota is currently engaged in representing a number of clients in applying to delete Interpol Red Notices. You can read more about our expertise in challenging Red Notices on our practice page. Roger is also one of the editors of the Red Notice Monitor.

If you require advice and assistance in challenging an Interpol Red Notice or Diffusion, please contact our London offices on 0044 203 858 0851.