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EncroChat, EncroCall and EncroNotes were secured methods of communication and file keeping, particularly used by high net worth individuals and celebrities, who paid a premium service in exchange for complete security in their private life, through digital communications. When it was initially developed, Encrochat offered guaranteed anonymity via specialised modified android phones. The Encrochat servers were located in France.
Whilst it was not illegal to possess an EncroChat device, the guaranteed service of privacy and anonymity had attracted organised criminals to communicate securely whilst facilitating crimes such as conspiracies of drug trafficking, firearm offences and murder. The android devices using EncroChat could be wiped with a touch of a button, remotely, and even when an incorrect password would be entered. Essentially, the devices had a panic button which would erase all encrypted data on the device immediately.
In May 2020, European Law Enforcement hacked the secure Encro platform. This is known as the 'world phone hacking scandal', which compromised the integrity and security of all EncroChat users. The data obtained from the hack included EncroChat conversations, encrypted messages, encrypted notes and private photographs in real time. Essentially, it was millions of files of encrypted data. The French authorities also claimed that the hackers had managed to obtain data which was stored from many years prior attributed to all Encro customer's account. The central server located in France, was unable to defend against the great hack and therefore compromised many years worth of data, messages, notes and photos which belonged to around 60, 000 of its' subscribers, worldwide. When the security of the Encro platform was compromised, the system was completely shutdown.
The National Crime Agency (NCA) and the metropolitan police launched Operation Venetic and Operation Eternal. They utilised the intercepted 'hack' evidence, which led to the arrests of hundreds of criminal networks, and the seizure of millions of pounds of cash, drugs and weapons. The police's access to intercepted messages has so far, led to thousands of individuals in the UK to be investigated for criminal offences. The NCA are now sharing data with HMRC, the Serious Fraud Office and other governmental agencies in order to investigate criminality pertaining to their remit.
Due to the vast quantity of data the police are working through, legal action, criminal and civil proceedings are pending against thousands of individuals and companies, who either owned encrypted EncroChat devices, or who were in some way, linked to crime, or criminal behaviour, on such devices. The NCA have developed new tactics by working backwards to reverse engineer criminal and civil culpability and to establish roles in a criminal network. Although the NCA, were aware of the great hack, it was not until June 2020 that the French authorities allowed for the use of intercepted data, in criminal prosecutions. EncroChat users were completely unaware of the hack for several months - the data of which, is now being used in many criminal investigations which are pending.
If you are concerned about messages that you may have sent, or messages on an EncroChat device that belonged to another person that may disclose incriminating evidence against you, then speak to our expert solicitors today.
The UK courts have been grappling with admissibility of the intercepted evidence over the past few years. EncroChat has been pivotal in recent legal proceedings, as there are disputes into how the intercepted material was legally obtained. Most lawyers have argued that evidence from the EncroChat server in inadmissible by virtue of the prohibition against the use of intercepted evidence provided by the Investigatory Powers Act 2016.
In recent judgments, the court of appeal have sided with the NCA confirming that they had lawfully obtained the EncroChat data, (as it was 'data at rest' as opposed to 'data in transit') under a Targeted Equipment Interference (TEI) warrant, making the evidence as such, admissible to use in criminal prosecutions and proceedings. With that said, the judgement will not uniformly apply in every single Encrochat case. There is room for legal challenges and judicial discretion, case specific. That is why it is key to get legal advice from experts who understand the nuances of EncroChat investigations.
Over the years, our lawyers have had success with EncroChat cases, in pre charge and post charge matters. Our lawyers have raised many issues pertaining to the admissibility of the evidence, including privacy rights. One of our lawyers had recently made representations questioning attribution of a particular EncroChat device to a particular suspect. Whilst also scrutinising the chain of custody, we were able to successfully persuade the Crown Prosecution Service against charging our client. Due to the NCA's use of pseudonyms, attribution of a particular EncroChat device is a challenging task for the prosecuting authority, who rely heavy on circumstantial evidence in these cases.
We offer specialist experience to any individuals who are under investigation, or may be concerned, in anyway, with EncroChat data.
If you feel that you may be somehow linked to an EncroChat investigation, early legal advice is crucial if you wish to avoid arrest, and to mitigate risks in your case. At Lex Vindico Group, we offer proactive measures to keep you steps ahead of the CPS:
For any clients who are under investigation for an offence involving EncroChat platforms, our experienced team can assist in preventing criminal charges. Pre-charge representations are written submissions made to the CPS before a decision to charge is made. The said written submission's objective is to:
We typically make these representations during the pre-charge phase, whilst clients are under investigation, but before a formal decision to prosecute is reached. Procuring a legal team now can prevent your arrest and charge, in the following way:-
In cases where individuals have already been charged, our experts can make certain requests for disclosure of evidence which could assist you in reshaping the prosecution's narrative, thereby reducing any culpability and criminality. We leverage legal precedents and technical expertise in determining inconsistencies, weaknesses, errors, and most importantly; the admissibility and attribution of digital evidence. Despite the Court's ruling toward admissibility of such evidence, our experts aim to consider the route of the data, and when/where it was specifically originated from. If the data was obtained 'in transit', then it would be inadmissible in the realm of UK law, and therefore unusable in the Courts.
In some cases, we can even reverse the prosecutions original decision to charge.
What Lex Vindico Group Aims for when defending you?
We guarantee the best legal services, as we work with the best legal minds; leading silk barristers, who are pretty much involved in setting case-precedent, where EncroChat cases are concerned.
Investigators used advanced methods of inserting malware (spyware) to breach the EncroChat network and infiltrate EncroChat devices. The said malware was installed onto the devices remotely, and through the Encro servers. French and Dutch authorities led the operation, using the latest tools to bypass encryption. They targeted the central servers and intercepted the data, including conversations from mobile phones worldwide before and after encrypted or decrypted data.
Data gathered during these operations included EncroChat messages, text messages, Encronotes and multimedia files. Investigators got access to large amounts of data from devices that used EncroChat over the years, or were somehow involved in conversations had on EncroChat devices.
Server data has been used to prosecute individuals involved in the following types of criminal offences:
The amount of data collected raises questions about privacy and investigatory powers, and these are the types of ethical questions Lex Vindico Group would explore. When EncroChat platform marketed on launch, they did so with complete unbreakable privacy; this may give rise to other legal challenges such as entrapment.
EncroChat was a European communication network that provided its users with end to end encryption for messaging and calls. By working with French and Dutch authorities, the NCA made huge progress against alleged organised crime groups. The said data allows access to the inner working of criminal organisations, and exploits criminal behaviour.
EncroChat prosecutions often show messages obtained through the hack, which may include explicit details of criminal behaviour, such a drug dealing, firearm sales and money laundering operations. They also produce photographs of criminality; ranging from photographs of drugs, crime scenes, firearms and masses of cash which the prosecution assert, are used in criminal conduct. The data obtained through the EncroChat hack provides insight into criminal agreements for action, intention and coordination; the usual ingredients of a criminal conspiracy. The prosecution have also been able to obtain EncroNotes together with messages, which show plans, instructions and roles within criminal enterprise, all of which are useful when putting together a prosecution based on circumstantial evidence.
Such data is crucial in cases where there is a lack of direct physical evidence - for example, in drugs and firearms offences, the prosecution are unlikely to have masses of firearms or kilograms of drugs seized and available for the jury as evidence, when prosecuting individuals in the crown courts. However, in most cases, these encrypted messages show more than a mere propensity in support of the prosecution as it helps put pieces of the criminal puzzle together, for the jury.
Lex Vindico Group can assist your defence with requesting sensitive disclosure of evidence, which could assist you in reshaping the prosecutions' narrative against you. This all depends on whether you seek proactive representation, as the clock ticks, meanwhile the CPS continue to seek prosecutions of thousands of individuals, based on the data obtained, through the hack. Act now and achieve peace of mind - prevent your arrest with Lex Vindico Group.
EncroChat evidence has presented a huge issue in court. Critics say intercepting data breaches human rights and doesn’t meet proper legal standards under EncroChat law. Courts have looked at whether the evidence obtained through interception this way complies with the Investigatory Powers Act 2016.
The Investigatory Powers Tribunal (IPT) played a crucial role in whether the Courts in the UK could legally utilise the fruits from the EncroChat operation, provided that there were no breaches of the Investigatory Powers Act 2016. For the most part, the IPT found that the NCA had acted within the scope of the law, and did not require additional warrants, when obtaining said encrypted data. Professor Ross Anderson; a well renowned expert in Security Engineering from University of Cambridge, analysed the EncroChat hack. His arguments surrounding reliability and legality still today, prove influential, in highlighting flaws to challenge CPS evidence at Court.
Case law is split on whether EncroChat evidence can be used to convict, and it is very much dependant upon whether the intercepted data was 'data at rest', or indeed 'data in transit'. Technical terms which require expert evidence and analysis. Although the courts have recently taken more of the 'admissible' route, this uncertainty means expert defence representation is key to challenging the use of EncroChat data from the hack. At Lex Vindico Group, we have access to such experts, and renowned barristers reputable in EncroChat cases.
Challenging intercepted data requires knowledge of the procedural safeguards. Defence teams often argue the investigatory powers were not exercised correctly. Procedural errors such as not getting proper authorisation, can be the basis for excluding evidence, especially in serious criminal cases.
Questions around ethical practices like surveillance of devices without proper justification add to the complexity of the cases. Procedural compliance is key to fairness in criminal trials. An individual's right to a fair trial and privacy, must not have been breached, during the gaining of such data. Remember, EncroChat was marketed as complete end-to-end encryption.
EncroChat cases in the Crown Court are often drug trafficking, firearm offences and money laundering. These cases rely heavily on the messages from EncroChat phones to prove the guilt. Crown Court cases involve long fights over the admissibility and reliability of the evidence.
Our teams will go through every aspect of the prosecution’s case from data collection to court presentation. The right defence strategy can make the difference between conviction and acquittal, which translates to imprisonment, or freedom.
In the UK, the Regulation of Investigatory Powers Act 2000 (RIPA) requires individuals to provide their phone PIN, code, or encryption key to the police when asked. Non compliance can result in serious penalties including imprisonment. It is important to understand the police must have a lawful basis to make the request. You have a right to challenge the request and it’s recommended that you obtain legal advice to protect your rights, before deciding upon what is your best move, when asked by the police, to provide your pin.
Having possession of an EncroChat phone is not illegal in itself. It was used by high net worth individuals, including celebrities for guaranteed and protected privacy. However, such military grade security in communication has given rise to abuse by criminal behaviour. The law enforcement agencies are very interested, in the contents of these devices, as encrypted phones are often linked to serious offences like murder, money laundering, fraud and drug related crimes.
If you’re found with an EncroChat phone, you need to get legal advice straight away, to navigate the legal issues and implications. Remember, the NCA can also reverse engineer criminal behaviour, which means that if someone else linked to you has been caught up in an Encro investigation, then you may soon become low hanging fruit, for the NCA and the CPS. If you fear that your name is, or may become a part of a criminal investigation, being proactive now can avoid prosecution.
Defending EncroChat charges requires understanding both the legal and technical aspects of the case. A skilled solicitor can help you navigate these complexities and develop a defence strategy. Potential defences may include challenging part of the admissibility of EncroChat evidence, (depending upon if your solicitor can navigate the true chain of custody for attribution, and disclosure requests for particular pieces of technical evidence) arguing that the messages weren’t sent by you, meant something completely out of context and/or questioning the veracity of the evidence obtained.
Every case is different, and a tailored defence is key to gaining the best possible outcome.
The EncroChat hack has established a major precedent for the use of hacked material in court cases. As law enforcement agencies use similar tactics, we will see more EncroChat prosecutions in the future as the NCA have openly stated.
Individuals, organisations and companies need to be aware of the risks of using encrypted communication platforms and take steps to protect themselves. If you’re facing an EncroChat charge, get legal advice straight away to get the best defence and outcome.
The NCA have already suggested that there are thousands of prosecutions pending. The data obtained through the hack is vast, and is slowly being worked through. Act now - before it is too late for you to be proactive.
Our legal experts provide individual advice for those investigated or charged with EncroChat offences. Our success in EncroChat cases comes from our familiarity with the EncroChat law, in detail. We go through the evidence and identify the weaknesses in the prosecution’s case to develop a defence strategy. We won’t miss any procedural errors, in our quest of uncovering the truth, as opposed to the prosecution's narrative.
We know every case is different and requires a tailored approach to the individual circumstances. Our aim is to get the best defence for our clients in every situation. We act immediately in providing a layer of defence for you, and communicate with the CPS and NCA on your behalf.
The criminal process can be overwhelming. Our solicitors will support you throughout, from police interviews to court. Protecting your rights is our number one priority. Our lawyers have developed and used defence strategies that have assisted many clients.
We will file legal paperwork, challenge procedural errors and advocate in court. Government agencies, including HMRC and SFO are working with law enforcement on serious organised crime investigations linked to the EncroChat hack.
Our lawyers have many years of experience of defending EncroChat clients. Our knowledge goes into the EncroChat service itself, including the end-to-end encryption and the ability to wipe phone contents which are often key issues to these cases. We have a proven track record of challenging evidence admissibility so we’re in a great position to get the best results, when defending you. Our lawyers are professional and client-centric. Most important of all, we are proactive.
Unlike many traditional law firms, we do not wait for problems to escalate, we work with you to determine what the issues could be, and proactively work towards solutions for you.
By working with us, we will give you clear communication, expert advice and a single minded focus on your proactive defence. By choosing Lex Vindico Group, you will not only be working with the best legal minds, you will be working with a team that puts your defence first. We aim to deliver you warmth with justice, so that you can return to the normality of daily life.
You do not need to go through this alone. We understand the stress and anxiety that individuals have when criminally investigated. Get in touch for EncroChat law advice, confidential support and a defence that’s personal and tailored to you. Get in touch now for a non-judgmental call.
If you are accused of an EncroChat, EncroCall or EncroNotes related crime, Contact our expert solicitors today for a free, confidentially protected, consultation.
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