A former immigration judge and barrister has been disbarred after being convicted of involvement in a conspiracy to defraud the Legal Aid Fund through vastly inflated claims for legal costs.
Rasib Ghaffar, who was called to the Bar in 1995 and also served as a part-time immigration judge, was convicted in 2024 alongside two solicitors and a legal clerk.
All four were found guilty of conspiracy to commit fraud by false representation.
£1.8 Million In Costs Claimed
The fraud centred on applications made under Defendant’s Costs Orders, known as DCOs.
The system allows defendants who are acquitted in criminal proceedings to recover certain legal costs from public funds.
Police became suspicious after a series of claims were submitted to the Legal Aid Agency.
Investigators examined four cases in which legal teams acting for acquitted defendants sought a combined total of around £1.8 million.
Approximately £470,000 was ultimately paid out from public funds.
Ghaffar Submitted £184,000 Fee Note
At Southwark Crown Court, prosecutors alleged that Ghaffar submitted a fee note for £184,000.
The claim was said to cover more than 350 hours of legal work.
However, the prosecution said evidence showed he had only been instructed seven days before the conclusion of the case.
Ghaffar was also alleged to have received more than £140,000 from the fraudulent claims.
Inflated Hours And Backdated Work
The other lawyers involved were accused of submitting DCOs containing vastly exaggerated fees, falsely backdated work and inflated amounts of time.
Prosecutors said the scheme resulted in tens of thousands of pounds being paid from taxpayer-funded legal aid.
The four defendants were convicted of conspiracy to commit fraud by false representation.
Judge Called Scheme ‘Absolutely Outrageous’
Judge Philip Bartle KC strongly criticised the offending following Ghaffar’s conviction.
He said there was “no shadow of a doubt” that the £1.8 million application was dishonest because nothing close to that amount had genuinely been incurred.
The judge described the scheme as “absolutely outrageous” and said it amounted to a dishonest attempt to obtain money from public funds.
He said the offending involved “greed”, forged documents and claims for vast sums for work that had not been done.
Three-Year Prison Sentence
Ghaffar denied the fraud charge during his trial.
He was nevertheless convicted and later sentenced to three years in prison in 2024.
An appeal against sentence was subsequently rejected.
Earlier this year, he also sought to challenge his conviction by introducing evidence from three new witnesses.
The Court of Appeal refused the application, questioning why the witnesses had not been called during the original trial and finding that their evidence would not have assisted an appeal.
Former Immigration Judge Now Disbarred
A disciplinary tribunal has now ordered that Ghaffar be disbarred for professional misconduct.
The tribunal found that his conduct was likely to diminish the trust and confidence the public places in him and in the legal profession.
It also found that his actions could reasonably be viewed as undermining his integrity.
Bar Standards Board Responds
A spokesperson for the Bar Standards Board said Ghaffar’s conduct in defrauding the legal aid fund led to a criminal conviction for dishonesty.
The regulator said his actions fell well below the standards expected of barristers and that the order to disbar him reflected the seriousness of the conduct.
The tribunal’s decision remains subject to appeal.
