IN THE CROWN COURT AT SOUTHWARK

T201 07219

REGINA

JASON PLACE and OTHERS

DEFENCE STATEMENT

COUNT! CONSIRACY TO DEFRAUD contrary to common law .TASON PLACE between the 151 day of January 2005 and the 8 day of June 2009 did conspire with BARRY CHRISTOPHER SALES , MARK POW ELL-RI CHARDS , MICHAEL DAL Y, ALLEN STRINGER, JAIPAL SINGH, ARUN TH E!\R and others to defraud the central clearing banks, credit card companies, other financial institution s and members of the public by dishonestly: (i) (ii) (i ii) (iv) Obtaining credit details and credit ratings of members of the public l'rom Equifax and Experian and other sources using the information improperly obtained in (i) above to create false identities selling the said false identities created in (ii) above on the intcrnet through Confidential Access producing and selling forged documentation to support the said false identiti es
111

With the intention of causing financial loss to the persons whose identities had been stolen. the central clearing banks, credit card companies and other financial institutions.

DEFENCE CASE

Paragraph 45 - JP was not involved with any sales by CA to Abid Haider. In addition JP was not involved with the alleged falsifying of the Haider paper trail. Paragraph 80- 90- JP played no part in Creditmaster. Paragraph 91 - 97 - JP was not involved in any test purchase Paragraph 98 - 109- It is disputed that there is anything unlawful about using a telephone diversion service. Paragraph 110 - 118 - Throughout his involvement with CA the use of facilities provided by Experian and Equifax was legitimate. Paragraphs 119 - 131 - JP ' s position in relation to "payments" is sent out in his defence to Counts 3 and 4 above and his response to the relevant prosecution admissions . Paragraphs 132 - 210 (end) - JP's position is reflected in the substantive defence set out above and his response to the relevant prosecution admissions .

Witness Orders: George Xinaris OIC

EQUETC
Joanne Burnley 6-11 Alan Beavan 90-95 Russell White 267-277 Anthony Smith 302-305 Jamie Chi-Man Lee 374-376 Chi Chung Chow 382-387 David Higgins 398-405 Paul Simpson 408-411 Alex Beavan 549-558 End Page 586

1. Jason Place (JP) did not intend that any of his actions would lead to loss to central clearing banks, credit card companies, other financial institution s and members or the public. It is clear from the warnings appearing on the internet site of Confi denti al Access that the site did not support dishonest behaviour by any of its customers. The prosecution are well aware of the said warnings and the willingness of Confidenti al Access to assist the prosecution services in combating dishonest behaviour by its customers. 2. It is accepted that credit information was obtained but JP does not beli eve that was done improperly or with the intention of dishonestly using the product.

COUNT2 CONSPIRACY TO MAKE FALSE DOCUMENTS contrary to section 1( I ) or the Criminal Law Act 1977 JASON PLACE between the 1 day of January 2005 and the 8 day of June 2009 did conspire with BARRY CHRISTOPHER SALES, MARK POWELL-RICHARDS, MICHAEL DALY, ALLEN STRINGER, JAIPAL SINGH, ARUN THEAR and others to MAKE DOCUMENTS (including payslips, tax forms , bank statements, utility bills and other items) which were false.
51 111

DEFENCE CASE
I . It is not a criminal offence to make false documents ; the prosecution are asked to state the substantive criminal offence purportedly represented in thi s count.

COUNT3 CONSPIRACY TO CONTRAVENE SECTION 25(3) OF THE IDENTITY CARDS ACT 2006 JASON PLACE between the 151 day of Jul y 2006 and the 8 day of June 2009 did conspire with BARRY CHRIS TOPHER SALES, MICHAEL DALY, ALLEN STRINGE R. .I AIP AL SINGH, ARUN THEAR and others to have in their possession or under their control apparatus, articles or material specially designed or adapted to be used in the maki ng or false identity documents with the requisite intent.
111

DEFENCE CASE

1. In August 2005 Jason Place moved to Spain. At that point he withdrew f'rom involvement in Confidential Access and sold his interest in the enterprise to .loanne Colomvakos aka Joanne Tragas. The agreed fee for the sale was 100.000. that fee to be paid in instalments until fully satisfied. The transfer of CA was dependent upon the

purported continuity of involvement of the Jason Place identity and its associated
good will. The deal involved Joanne Colomvakos aka Joanne Tragas having access to the personal accounts of JP to facilitate the continuity of payments to Cl\ suppliers. Any purported involvement of JP in the affairs of CA, by email correspondence or otherwise, after the August 2005 date did not in fact come from or involve the defendant Jason Place.

COUNT4

CONSPIRACY TO MAKE OR SUPPLY ARTICLES FOR USE IN THE COURSE OF FRAUD contrary to section 1(1) ofthe Criminal Law Act 1977 JASON PLACE between the 1i day of January 2007 and the 8 day of June 2009 did conspire with BARRY CHRISTOPHER SALES, MARK POWELL-RJCHARDS. MICHAEL DALY, ALLEN STRINGER, JAIPAL SINGH, ARUN THEAR and others to make or supply articles for use in the course of fraud (namely false identity packs containing forged documents).
11 111

DEFENCE CASE

1. In August 2005 Jason Place moved to Spain. At that point I:~ . withdrew from involvement in Confidential Access and sold his interest in the enterprise to .loanne Colomvakos aka Joanne Tragas. The agreed fee for the sale was 1 00 ,000, that fee to be paid in instalments until fully satisfied. The transfer of CA was dependent upon the purpot1ed continuity of involvement of the Jason Place identity and its associated good will. The deal involved Joanne Colomvakos aka Joanne Tragas having access to the personal accounts of JP to facilitate the continuity of payments to CA suppliers. Any purp011ed involvement of JP in the affairs of CA, by email correspondence or otherwise, after the August 2005 date did not in fact come from or in volve the
defendant Jason Place.

PROSECUTION DRAFT OPENING NOTE

In addition to the above substantive defence points the defence on behalf of Jason Place have attempted below and in the response to the prosecution proposed admissions (see separate document) to define the points upon which there is challenge. Paragraph 1 - CA was not in the business of providing fraudsters with the tool s they would need to create false identities in order to carry out their fraud. Paragraph 2 - The prosecution fundamentally misunderstand the service provided by CA; it did not involve stealing the identities of" ... ordinary people such as yo u and me . . . o identities were stolen. Paragraph 4 - There is no dispute that the activities of CA were internet based and it may be the case that the associated chat room generated discussions associated with fraud. unfortunately JP does not have the power to control the thoughts of the chat room users. Fraud was discouraged by JP and he can bear no responsibility for any use of his legi timate business by unscrupulous and dishonest users. Paragraph 5 - CA provided an opportunity for users to re-build a credit status by using an identity that contained elements other than their own. This was only sanctioned by CA if the user fulfilled all commitments associated with the new identity. If the user was true to that condition then there would be no loss to any financial institution or anybody else. Paragraph 8 - The service provided by CA did include " ... entertainment or educational and novelty ... " items including documents with the face of Mr Bean or bearing the name or David Becld1am. Other documents that raised the personal profile of an individual including bank statements and the like were also available and as stated a route to a new credit status was also available. None of the services were provided to facilitate di shonest activities : JP never agreed with anybody to engage in dishonesty and in fact made it clear on the web site that this was not sanctioned. Throughout the indictment period JP believed that he was not acting dishonestly. Paragraph 12 -JP did not operate Creditmaster or Masters of Credit. JP was not invo lved in any agreement involving a 50% share in the proceeds of any loan or at all. Paragraph 19 - Reference to hard-drives of computers seized in June 2009 from Place in Spain (DMH/CS3/57 and DMH/CS3/64) appears to ignore the fact that the computers were not seized from the address JP was living at; the premises were occupied .JP's mother. brother and another. JP had moved from the address in August 2008. Paragraph 24 - It is not disputed that JP was commercially involved in CA but that ceased when he moved to Spain in August 2005. Paragraph 32 - It is not accepted that it was the defendant Jason Place who on 26 September 2008 created a 192.com account.
4
111