Year of Call: 1976
Email: arm@33cllaw.com
According to the current and previous editions of Chambers Directory, Andrew Mitchell QC has an “excellent knowledge of law” and is “a fine advocate and an impressive performer”. He combines a “forensic approach” with “tough, robust advocacy”.
Specialises in civil and criminal asset forfeiture and is without doubt the pre-eminent barrister in the field of confiscation, restraint and receivership. Advised and represented prosecuting authorities, defendants, receivers and third parties in the House of Lords, Court of Appeal (civil and criminal), High Court and Crown Court on all aspects of the restraint, management and confiscation of property.
Advises professionals and multi-nationals on the practice and procedure in relation to money laundering regulations and legislation. Acted in prosecution and defence of money laundering offences. Advising internationally on all aspects of money laundering, fraud and corruption.
He has been the principal speaker/lecturer in training programmes organised by the UN and the IMF. He was a Consultant to the Pacific Anti-Money Laundering Programme and has been a consultant for training on money laundering related issues for the Anti-Money Laundering Office in the Australian Attorney General’s Office. He has also trained the judiciary on these issues in Trinidad and Tobago, the Eastern Caribbean, South Africa, Palau and Papua New Guinea.
Notable Cases
Confiscation, Restraint & Receivership
Acting for defendants, crown and other parties in leading cases in the practice area. R v Jennings HL, R v Rezvi HL, R v Capewell HL, R v Cadman-Smith HL, R v Allpress CA, R v Mitchell CA, R v Blatch CA, R v Baden Lowe CA, R v Glatt CA, R v Barnette CA, R v Stanford International Bank CA
Corruption
Advising and acting for the SFO in the ground-breaking Innospec case in which the criminal matters relating to corruption in Indonesia were dealt with on the same day in UK and US jurisdictions. Representing former cabinet minister in a commonwealth jurisdiction in defence of a corruption allegation. Advising a defendant company in relation to its financial exposure following SFO allegations of corruption and advising SFO in respect of the financial liability in respect of two listed companies (one listed in USA) in relation to corruption allegations.
POCA and Reporting Obligations
Advising multi-nationals on their money laundering reporting obligations in relation to their core-business (including oil exploration and drink manufacturing). Successfully represented the first money laundering compliance officer to be prosecuted for failing to report a suspicious transaction.
External Requests
Acting in the UK for the US Department of Justice in relation to an external request to freeze assets and the rights of the liquidator Stanford International Bank CA. Representing the National Prosecuting Authority of the Republic of South Africa in their UK applications for restraint and disclosure orders King v SFO HL.
FSA
Representing an individual accused of insider-dealing in major FSA investigation. Advised, represented and acted for a regulated person in disciplinary proceedings. K v NatWest Bank (CA) Court of Appeal decision on the rights of individuals in dealing with banks when the Proceeds of Crime Act 2002 is engaged – acted for Serious Organised Crime Agency. Following the first criminal conviction for market abuse under the FSMA 2000, defendants faced confiscation proceedings based on the increase in share price generated by the misleading statement made to the market. R v Rigby and Bailey CA
Advisory
Advising former Executive Chairman of significant multi-national company during negotiations for government intervention and subsequent issues relating to the company’s business structures. Advising pharmaceutical company on potential financial liability in relation to cartel allegations.
Fraud
Advising and representing an oil company in Trinidad in relation to an action it is bringing for fraud against former Chief Executive. Acted for a Bermudan Investment Fund alleged, in the BVI, alleged to be engaged in money laundering.
Civil Recovery
Acting in the SFO’s first ever civil recovery action against a Respondent Company.