Karen Todner

Karen Todner
Born Karen Elizabeth Todner
April 1962
Nuneaton, England
Nationality British
Education Higham Lane School
Alma mater University of Exeter
Occupation Solicitor, Vice President of the Solicitors Disciplinary Tribunal, President of Mental Health Review Tribunal (England and Wales)
Home town London, UK
Spouse(s) Ian Jobling
Website www.kaimtodner.com

Karen Elizabeth Todner (born April 1962), is a British solicitor and author. She has appeared on television,<ref name=NHS to fund Ashya King's treatment in Czech Republic[1][1] radio and written articles for newspapers on legal topics. She specialises in international criminal law and human rights and, in this capacity, has represented clients taking cases to The House of Lords and European Court of Human Rights. Her clients include Ryan Cleary allegedly linked with Anonymous,[2][3] Gary McKinnon known as the "Pentagon Hacker",[4] Lauri Love,[5] and Richard O’Dwyer.[6] Additionally, she has represented Christopher Tappin,[7] British businessman imprisoned for selling arms to Iran and Donald Trump rally suspect Michael Sandford who was arrested at a Trump rally after allegedly trying to snatch a policeman's gun.[8]

Early life

Todner was born in Nuneaton where she attended Higham Lane School, a secondary school located in Nuneaton, Warwickshire. She graduated with an LLB from University of Exeter.[9]

Career

Todner qualified as a solicitor in 1987 and in her 20's became a founding member of Kaim Todner LLP, a law firm in London from which she continues to practise as a solicitor.[10] Kaim Todner solicitors was formed in 1990 specialising in criminal law, with particular expertise in extradition, though members also practise in a range of areas of UK public and private law, the Law of the European Union and European Convention on Human Rights.[11] In the beginning of March 2016 Todner's practise was acquired by One Legal, an Alternative business structure originally set up in 2013.[12] This came shortly after Todner announced her intention to close the practice due to Legal Aid cuts.[13] Since acquisition by One Legal, Todner's firm Kaim Todner continued operating under the same name as part of One Legal alternative business structure. Todner commented: “I am delighted that we have secured a way for the firm to continue working in its present format, under the umbrella of One Legal" [14]

Notable Cases

Gary McKinnon

Todner appeared in a number of leading extradition cases. An early of note was her successful defence of Gary McKinnon, which has set a new legal president in British law. McKinnon's legal team applied for a judicial review into the Home Secretary's rejection of medical evidence, which stated that, when he could easily be tried in the UK, it was unnecessary, cruel and inhumane to inflict the further stress of removing him from his homeland, his family and his medical support network.[15]

TVShack

In 2010 Todner worked on a case involving a UK-based search engine website, TVShack.net, which linked to programmes and films available for free online, after in late November 2010 its owner, webmaster Richard O'Dwyer, was visited by UK and US police and some of his computer equipment was seized. O'Dwyer was arrested on allegations of copyright infringement, but a criminal investigation in the UK was dropped. However, the case was brought by the US Immigration and Customs Enforcement agency, which claimed that the TVShack.net website earned "over $230,000 in advertising revenue".[16] In January 2012 District Judge Purdy ruled that O'Dwyer' extradition could go ahead.[17] Todner was instructed to submit an appeal and in June 2012 Wikipedia co-founder Jimmy Wales launched a campaign calling for O'Dwyer's extradition to be stopped.[18] His campaign had also been supported by various members of press. O'Dwyer avoided extradition after signing the three-page deferred prosecution agreement at the High Court in London.[19]

Ryan Cleary

Starting in 2011, Todner represented Ryan Cleary allegedly linked with Anonymous, who was accused in the UK of conspiring to bring down the websites of the CIA, the Serious Organised Crime Agency, and co-ordinating attacks against a number of US government websites.[20] Cleary was indicted in 2012 by US federal grand jury however Todner stated that they wouldn't be seeking his extradition, should Cleary be dealt with by British courts in respect of these charges.[21] In June 2011 Met Police had also charged Cleary, who is diagnosed with Asperger's syndrome,[22] for alleged involvement in web assaults against the British Phonographic Industry and the International Federation of the Phonographic Industry.[23] Cleary was imprisoned in 2012 but was released shortly after, following a successful appeal.

Lauri Love

Starting in the winter of 2013, Todner started representing Lauri Love,[24] British student who was arrested on suspicion of hacking into US military computers. Love is accused of committing the cyber attacks as part of a "hacktivist" campaign in 2012 and 2013 to protest the death of Aaron Swartz, a computer programmer who committed suicide while facing up to 35 years in US prison for charges of computer misuse. In September 2016 decision has been made to extradite Love to US.[25] Todner said she was "very disappointed" with the decision,[26] and added that she’s "as confident as I can be" about the appeal.[27] More than 100 MPs showed support for Love’s campaign to have his extradition order overturned on health grounds.[28] In October 2016 it was announced that MP Barry Sheerman, chair of the Parliamentary Commission on Autism will write to President Obama, asking him to throw out the extradition request before he leaves office in January 2017.[29] On Wednesday 12 October 2016, in the House of Commons during the Prime Ministers Questions, David Burrowes MP raised the case of Lauri Love and issues such as the difficulties faced by those with various forms of autism when they come into contact with the justice system.[30] Others, including the National Autistic Society, Liberty, and The Courage Foundation, showed their support for Love's appeal. By 24 October, 105 cross-party backbenchers signed a letter to President Obama, raising "deep concern for safety" of Lauri Love, pointing out that he has "a long history of serious mental health issues, depression and some episodes of psychosis".[31] In November 2016 Home Secretary Amber Rudd has backed decision to extradite Love to America.[32] Todner stated she fears he will be driven to suicide if extradited, and is lodging an appeal against Home Office's decision. In a letter to the Home Office opposing Love's extradition because of the risk of suicide, she wrote "We.. urge you to recognise the seriousness of Mr Love’s mental illness and withdraw the request for extradition to permit prosecution to proceed in England, where Mr Love would be able to stand trial on bail with the support of his close family and medical support network."[33]

Michael Piggin

In February 2013 Todner started representing Michael Piggin, a youngster who anti-terror detectives believed was planning an operation to carry out mass murder on a list of six potential targets including his school in Leicestershire, the town's university, council offices and a local cinema.[34] The attack was believed to be inspired by the infamous Columbine High School massacre that took place in the US in 1999.[35] Piggin was just 16 when he was accused of plotting the attack. Entering his bedroom police discovered an arsenal of bombs and weapons which included partially assembled petrol bombs, pipe bombs and IEDs and pyrotechnic fuse cords.[36] Officers also found pictures drawn by Piggin, depicting notorious Batman villain 'The Joker' and a note he wrote in his notebook quoting from the Batman film The Dark Knight which stated "introduce anarchy, upset the established order and create chaos. In his notes he indicated himself as "an agent of chaos".[37] Shortly after the arrest Piggin was diagnosed with Asperger syndrome and during the trial special arrangements had to be made to help him follow proceedings.[35] In 2014 Piggin was detained indefinitely under the Mental Health Act after the court was told about his diagnosis, coupled with depressive symptoms and "mental disorders of a nature and degree to warrant ongoing treatment in a hospital setting".[38] Piggin admitted collecting weapons and having a fascination with mass killings, especially the Columbine Massacre.[39] He had faced two trials for terrorism-related offences but in both cases the jury failed to reach a verdict. Throughout the case, Piggin denied any real plans for attacks and said it had all "just been in his head". During the trial, in his defence Piggin told the jury that he had no intention to carry out any attacks and tested explosives "simply for entertainment". He told the jury he collected airguns and knives because it was "cool".[40] Todner commented that Piggin's condition is to blame for his morbid fantasies and said that he had been just ‘retreating into fantasy’. BBC lawyer Nicola Cain commented that Piggin's case had implications for thousands of court cases involving youngsters with Asperger’s syndrome.[35]

David McIntyre

Starting in 2012 Todner represented David McIntyre,[41] Queen's Lancashire Regiment soldier and a war veteran[42] who served in Afghanistan, Bosnia, Northern Ireland[43] and Iraq[44] Mclntyre was accused of overcharging a US peace group for a security contract when he was running his own firm which employed a team of 20 to provide security to American clients, including the Iraqi ambassador to the US,[45] and of overcharging US government for security services in Baghdad, Iraq.[46] McIntyre left the Army in 2002 and set up security company called Quantum Risk.[46] The eight counts of fraud McIntyre was charged with relate to claims that he overcharged a US peace group for a security contract when he was running Quantum Risk between December 2008 and July 2009.[47] McIntyre's business closed in 2009, which followed by his enrolment in the Royal Military Police, for whom he served in Afghanistan.[37] In July 2012 McIntyre was arrested in uniform in an operational setting in Afghanistan, flown out of the country 45 minutes later, and then appeared in Westminster Magistrates Court in London 36 hours later.[48] McIntyre faced eight counts of fraud concerning a contract with the United States Institute of Peace (USIP).[49] It was alleged he overcharged the organisation by 100,000 US dollars (£65,000).[50] After the US extradition request was approved by Home Secretary Theresa May, McIntyre appealed, submitting a report from the British Army's consultant psychiatrist confirming that he suffered from PTSD.[51] Tonder commented that her firm will consider in detail the Secretary of State's conclusion and see whether they can seek Judicial Review of her decision.[52]

Tom Hayes

In May 2016 Todner was instructed by Tom Hayes, star trader who was convicted of fraud in March 2016 over multi-million bonus payments.[53] It was announced that Todner will be taking his case to the Criminal Cases Review Commission which looks into claims of miscarriages of justice.[54]

Appointments

On 6 November 2012 Todner was created a Vice-President member of the UK's Office of the Director of Public Prosecutions' Solicitors Disciplinary Tribunal which reviews cases of malfeasance and/or misconduct against British solicitors.[55] She was also appointed President of the Mental Health Review Tribunal.

Awards and honours

Personal life

Todner is married to an outspoken criminal defence barrister Ian Jobling and has two sons.[58]

See also

References

  1. 1 2 "Karen Todner: Ashya's parents right to fight extradition". 2 September 2014. Retrieved 6 October 2016.
  2. "Teenage cyber 'hacker'". 28 June 2011.
  3. "Extraordinary top secret call between FBI and Scotland Yard 'tapped' by Anonymous". 12 October 2016.
  4. "Hacker Gary McKinnon will not face UK charges". BBC News. 14 December 2012. Retrieved 6 October 2016.
  5. Sky News (16 September 2016). "US Extradition: 'Alleged British hacker Lauri Love to be sent for trial in US'". Retrieved 6 October 2016.
  6. RawStory (29 October 2013). "NASA hacking suspects' mothers accuse U.S. of targeting 'British geeks". Retrieved 6 October 2016.
  7. "US Extradition: 'Tappin is likely to enter into a plea'". BBC News. 24 February 2012. Retrieved 6 October 2016.
  8. DailyMail (17 July 2016). "MP's bid to save Briton who tried to kill Trump as family plea for him to be deported from the US to the UK for psychiatric treatment". Retrieved 6 October 2016.
  9. "Nuneaton News". 21 October 2012.
  10. "Law Society Gazette: Karen Todner interview". The Law Society Gazette. 8 October 2016. Retrieved 8 October 2016.
  11. "Kaim Todner » Karen Todner, Head of Crime, Regulatory and Extradition". kaimtodner.com. Retrieved 9 October 2016.
  12. "Criminal practice Kaim Todner Solicitors acquired by One Legal". Retrieved 29 October 2016.
  13. "ABS steps in to save Todner criminal defence firm". Retrieved 29 October 2016.
  14. "Former Stobart Barristers boss is back with Kaim Todner acquisition". Retrieved 29 October 2016.
  15. "Gary McKinnon challenges extradition". The Guardian. 10 December 2009. Retrieved 6 October 2016.
  16. "'Piracy' student Richard O'Dwyer loses extradition case". BBC News. London, UK. 6 October 2016.
  17. BBC News – 'Piracy' student Richard O'Dwyer loses extradition case, bbc.co.uk, 13 January 2012; retrieved 29 January 2012.
  18. Ball, James (24 June 2012). "Wikipedia's founder calls for Richard O'Dwyer extradition to be stopped". The Guardian. London, UK.
  19. "Richard O'Dwyer will pay damages to avoid extradition". The Inquirer. London, UK. 6 October 2016.
  20. "Alleged LulzSec hacker may escape extradition to US". The Guardian. London, UK. 29 October 2016.
  21. "UK attorney says US won't extradite LulzSec defendant". ComputerWorld. London, UK. 29 October 2016.
  22. "LulzSec 'hacker' Ryan Cleary unlikely to be extradited to US because he has Asperger's syndrome". Telegraph. London, UK. 29 October 2016.
  23. "Accused Hacker Ryan Cleary Released on Bail, Diagnosed with Autism". IBTimes. London, UK. 29 October 2016.
  24. "British student fights extradition to US for allegedly hacking the FBI and Nasa".
  25. "British hacker Lauri Love to be extradited to the US for 'accessing government computers'".
  26. "Father's fury as British 'superhacker' with Asperger's is facing 99 years in a US jail after a judge rules he SHOULD be extradited 'for stealing data from Nasa and the FBI". MailOnline UK. 7 October 2016. Retrieved 16 September 2016.
  27. "Computer activist Lauri Love loses appeal against US extradition".
  28. "Lauri Love: MPs sign letter asking President Obama to block extradition". BBC News. 24 October 2016. Retrieved 2016-10-24.
  29. "MPs will ask Barack Obama to drop US extradition of vulnerable 'hacker' Lauri Love"..
  30. "Ben Cooper to represent Lauri Love at meeting of Parliamentarians seeking extradition overturn"..
  31. "MPs tell Barack Obama of their concern over extradition of autistic hacker Lauri Love"..
  32. "Who is Lauri Love? The hacking suspect set to be extradited to the US"..
  33. "Amber Rudd orders Lauri Love extradition to US on hacking charges". The Guardian. 15 November 2016. Retrieved 2016-11-15.
  34. "Teenage neo-Nazi accused of plotting 'new Columbine kept a hit list of former teachers and classmates he wanted to kill'". Daily Mail. 10 November 2016. Retrieved 2016-11-10.
  35. 1 2 3 "Michael Piggin's 'fantasy world' of terrorism and vengeance". BBC News. 10 November 2016. Retrieved 2016-11-10.
  36. "Neo-Nazi sixth former plotted new Columbine massacre in Loughborough". Telegraph Online. 10 November 2016. Retrieved 2016-11-10.
  37. 1 2 "'Suicide risk' soldier will be extradited to US over fraud". Telegraph. 17 November 2016. Retrieved 2016-11-17.
  38. "Michael Piggin detained under Mental Health Act". The Guardian. 10 November 2016. Retrieved 2016-11-10.
  39. "Revealed: Bedroom of British teenager accused of plotting a 'Columbine-style' massacre at a nursery school". Mail Online. 10 November 2016. Retrieved 2016-11-10.
  40. "How did Michael Piggin become radicalised?". BBC. 10 November 2016. Retrieved 2016-11-10.
  41. "Soldier says extradition is 'death knell'". ITV News. 17 November 2016. Retrieved 2016-11-17.
  42. "British soldier with mental disorder extradited to US". The Guardian. 17 November 2016. Retrieved 2016-11-17.
  43. "David McIntyre Faces Extradition To US". BBC. 21 November 2016. Retrieved 2016-11-21.
  44. "David McIntyre, Soldier, Faces Extradition To United States Despite Being Suicide Risk". The Huffington Post. 17 November 2016. Retrieved 2016-11-17.
  45. "'Suicide risk' Afghanistan veteran to be extradited to US over fraud allegations". Evening Standard. 17 November 2016. Retrieved 2016-11-17.
  46. 1 2 "Extradition decision 'death knell'". Sunday Express. 17 November 2016. Retrieved 2016-11-17.
  47. "Suicide-risk British soldier to be extradited to U.S. over allegations of $100,000 fraud". Daily Mail. 17 November 2016. Retrieved 2016-11-17.
  48. "Fraud soldier David McIntyre criticises government over extradition". BBC. 17 November 2016. Retrieved 2016-11-17.
  49. "British army veteran who served in Bosnia and Northern Ireland extradited to America to face fraud charges over Iraq security firm". Isenberg Institute. 17 November 2016. Retrieved 2016-11-17.
  50. "Granada David McIntyre". ITV. 17 November 2016. Retrieved 2016-11-17.
  51. "Soldier says extradition to US over Iraq fraud charges sounds his 'death knell'". ITV. 17 November 2016. Retrieved 2016-11-17.
  52. "UK soldier faces extradition to US on fraud charges". Fox News. 17 November 2016. Retrieved 2016-11-17.
  53. "Libor trader Tom Hayes must pay more than £878,00".
  54. "Tom Hayes hires Gary McKinnon's lawyers for new appeal".
  55. "New Solicitor Member Vice-President". 2012-04-10. Retrieved 2012-04-10.
  56. "McKinnon solicitor is Legal Personality of the Year". The Law Society Law Gazette. 19 October 2012.
  57. "Kaim Todner: Karen Tonder". 17 November 2016.
  58. "Karen Todner - Legally blonde and brilliant". The Oxford Times. Retrieved 6 October 2016.

External links

Government offices UK's Office of the Director of Public Prosecutions
Solicitors Disciplinary Tribunal

2012 – Present
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