Andrew Mitchell KC

"He has supreme intellect and is a star advocate." "An excellent advocate, thorough in his preparation, who is very sound and impressive in terms of his knowledge and awareness." “Andrew Mitchell KC is a famed individual, extensively experienced in POCA work, whose practice covers a wide array of cases including those concerning money laundering, asset recovery, bribery and corruption. Frequently instructed in high-profile and complex matters, he is considered to be a master litigator who represents clients at the top level including in the Court of Appeal. The matters he undertakes regularly include international elements.” “A total legend. He is an institution and amazing on money laundering issues.” "He is very much a figurehead and a presidential type figure. Because he's so well respected, he offers those that instruct him great presence in court." "A man of godlike status," a "Phenomenal worker who is very user-friendly and always provides you with advice in a timely fashion." "A well-known heavyweight silk who is a great choice of leading counsel for high-value matters connected with financial wrongdoing. His reputation has spread far and wide, ensuring he is instructed to advise on marquee matters both at home and abroad." A “Star Individual”, “King of POCA”, "a cut above the rest", “the godfather of the area”, "Absolutely and unequivocally the obvious choice for POCA". "His advocacy skills are exemplary because they are matched with a deep knowledge of both civil and criminal POCA matters."

Chambers & Partners 2012-2024

‘Andrew is an absolute force of nature; always available, a silk at the absolute peak of his powers, a pleasure to work with and a professional that commands the respect of clients.‘ Andrew is much sought after to advise on multi-jurisdictional investigations into allegations of fraud and corruption. His Business Crime and Fraud practices are complemented by his POCA expertise. “Andrew is an absolute force of nature. Incredibly user-friendly and peerless in POCA and related matters. He inspires confidence.“ “Andrew is fantastic - clever, easy to work with, forceful in submissions and great on his feet.“"The most knowledgeable POCA counsel at the Bar.’ "He earns the respect and trust of juries", "Accessible and down to earth", "As a leader he stands out as an exemplar of the highest calibre of barrister... A lawyer with a superb mind that he puts to great effect.”..."Very practical and good with clients"… “A very user-friendly silk”… “A very accessible silk”…”A leading authority on POCA matters”.

Legal 500 2013-2024

For much of the last 30 years, Andrew's practice has involved both civil and criminal matters relating to the proceeds of crime. During this period, he has advised and represented government authorities (seeking restraint and forfeiture of criminal proceeds), private litigants opposing such measures and receivers in the United Kingdom and other Commonwealth nations. He has appeared in 10 of the leading cases in the Supreme Court involving the proceeds of crime.

Andrew is currently acting on behalf of the Crown (leading a team of 3 other lawyers) in a corruption case involving the former Premier, cabinet ministers and Attorneys in the Turks and Caicos Islands.

Andrew has advised and represented the UK Government with regard to the execution of external requests for mutual legal assistance including a request from the USA in forfeiture matters concerning Stanford International Bank as well as other issues relating to multi-jurisdictional matters relating to insolvency and forfeiture law. He has represented the Governments of the United States of America, South Africa and India in the Court of Appeal in England and Wales, and the House of Lords/Supreme Court. He has given expert opinion evidence to the USA Department of Justice on forfeiture matters.

Andrew is admitted to practise in Grenada and the British Virgin Islands.  He has appeared in cases in the British Virgin Islands, Grenada, Trinidad and Tobago, Cayman Islands and the Turks and Caicos Islands, and has advised in Antigua and Barbuda for the US DOJ and third parties.

He was the founder Head of Chambers (from 2008-2019) after having been the head of chambers at Furnival Chambers for 10 years before that.

Since 1992, Andrew has been a co-author of the legal textbook relating to confiscation law in England and Wales: Mitchell, Taylor and Talbot, Confiscation and the Proceeds of Crime which has been quoted in Court decisions from time to time with approval.   

Andrew has lectured extensively on matters relating to the proceeds of crime for the United Nations Drug Control Programme, the Commonwealth Secretariat, the International Monetary Fund, the Australian Anti-Money Laundering Programme, The Caribbean Anti-Money Laundering Programme, the Pacific Anti-Money Laundering Programme, the East African Anti-Money Laundering Group, and the South African National Prosecuting Authority Proceeds of Crime Division.

He has lectured and run workshops in the Caribbean and have been a guest lecturer at OECS Bar Association annual conferences regarding asset forfeiture law.  He has lectured and taught at judicial workshops regarding proceeds of crime law, for judges of the following jurisdictions, inter alia, OECS, Trinidad and Tobago, Jamaica, Zimbabwe, South Africa, Mauritius, Palau, Papua New Guinea, Sri Lanka, Solomon Islands and Fiji.

Andrew was the chair, on behalf of the Commonwealth Secretariat as the lead organisation, of a number of plenary meetings including the UN and the IMF with regard to the redrafting and updating of the model law for common law countries on Proceeds of Crime (including Money Laundering, Criminal and Civil Forfeiture, and the Financing of Terrorism). 

Andrew advised the Commonwealth of the Bahamas in the drafting of a new 'gold standard' Proceeds of Crime Bill.

Andrew is as a Consultant in Jamaica to the chambers of Caroline P. Hay QC Attorneys-at-Law and is a door tenant at Allum Chambers in Trinidad & Tobago.

Confiscation, Restraint & Receivership

Acting for defendants, crown and other parties in leading cases in the practice area.

Supreme Court

• R v Harvey [2016] 2 WLR 37

• R v Ahmed and Ahmad [2015] AC 299

• Serious Organised Crime Agency v Gale [2011] 1 WLR 2760

• King v Serious Fraud Office [2009] 1 WLR 718

• Crown Prosecution Service v Jennings [2008] AC 1046

• Capewell v Customs and Excise Commissioners [2007] 1WLR 386

• United States v Montgomery (No 2) [2004] 1WLR 2241

• R v Smith (David Cadman) [2002] 1 WLR 54

• Re Norris [2001] 1 WLR

• United States v Montgomery (No 1) [2001] 1 WLR 196

Court of Appeal and High Court

• Saleh v SFO [2017] EWCA Civ 18

• R v Davenport [2016] Crim L R 127

• R v Kakkad [2015] 1 WLR 4162

• Serious Organised Crime Agency v Namli [2014] Lloyds Rep FC 409

• R v Bestel [2014] 1 WLR 457

• R v Jawad [2013] 1 WLR 3861

• Serious Organised Crime Agency v O’Docherty [2013] CP Rep 35

• Glatt v Sinclair [2012] 1 Costs LO

• R v Steed [2011] Lloyds Rep FC 238

• Revenue and Customs Prosecutions Office v May [2010] 3 All ER 1173

• Stanford International Bank (in Receivership) Re [2010] 3 WLR 941

• R v Seager [2010] 1 WLR 815

• Sinclair v Glatt [2009] 1 WLR 1845

• Serious Fraud Office v Lexi Holdings Plc (in administration) [2009] QB 376

• R v Rigby [2006] 1 WLR 3067

• R v Bakewell [2006] 2 Cr App R (S.) 42

• R v Hashash [2006] S.T.I. 2455

• Serious Fraud Office v Saleh [2015] Lloyd’s Rep F.C. 629.

• Serious Organised Crime Agency v Hymans [2012] EWHC 2889 [QB]

• R (on the application of the Chief Constable of Greater Manchester) v City of Salford Magistrates Court [2009] 1 WLR 1023

Corruption

• Turks & Caicos - Acting for Special Investigations Task Force in corruption trial of former premier and others - [2020] UKPC 30 & [2015] UKPC 31

• 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

• Stanford International Bank CA - 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.

• King v SFO HL - Representing the National Prosecuting Authority of the Republic of South Africa in their UK applications for restraint and disclosure orders.

Regulatory

• Representing an individual accused of insider-dealing in major FCA 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.

• R v Rigby and Bailey CA - 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.

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, 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.