Ian Smith

Fraud Claims and other Commercial Litigation

“Ian's attention to detail is second to none, and he insists on each case being investigated to an extremely high standard, meaning that cases are very well put together and no stone is unturned. His advocacy is also excellent.”
Civil Fraud - Legal 500 2024

“Ian Smith is a civil and criminal fraud specialist comfortable managing complex proceedings involving such issues as asset recovery and money laundering"
”Ian has a stellar intellect, is thoughtful and strategic, and drives litigation."
"Ian is a go-to barrister for civil cases with a criminal crossover. He is the master of dealing with the intricacies involved."
Civil Fraud - Chambers & Partners 2024

Ian acts both for claimants and defendants in the Business and Property Courts. Many of his cases involve allegations of fraud, corruption and breach of fiduciary duties as well as contract and restitution claims.

Ian is routinely involved in the international asset recovery investigations and proceedings, obtaining or defending against freezing orders, search and seizure orders, disclosure orders and letters of request to overseas jurisdictions.

Ian also represents victims of fraud in their relations with the police and prosecuting agencies and in the criminal courts. He is renowned for his expertise in advising on the interaction between civil and criminal investigations and proceedings.

Proceeds of Crime Litigation

“Ian Smith is a commercial litigator and criminal lawyer who has a specialist knowledge of POCA" “
”Very experienced and eminently sensible, he knows his stuff and gives the appropriate advice. We did a hearing where the judge bowled him a few googlies and he did very well dealing with them."
"He is supremely knowledgeable." 
POCA Work & Asset Forfeiture - Chambers UK 2024  

“He always provides excellent service, is on top of the case, and knows this area of law.”
POCA & Asset Forfeiture - Legal 500 2024

Ian litigates Proceeds of Crime Act (POCA) issues in a range of courts: Court of Appeal; Criminal Courts (victims' claims for restitution and compensation; and confiscation); Administrative Court (civil recovery, in particular the rights of victims and third parties); Business Courts (for example, insurance claims with POCA issues); Tax Tribunal (POCA tax assessments); Magistrates’ Courts (forfeiture and cash seizure); Technical advice in cases in other jurisdictions.

Professional Risk Management Practice

‘ Ian is very knowledgeable about, and experienced in the practical application of the Proceeds of Crime legislation and AML law generally. He is calm under pressure, thoughtful but robust in his advice, and sensitive to the commercial realities of relevant transactions. ’

POCA & Asset Forfeiture - Legal 500 2022

Ian is well known and highly regarded for his advice to City and other law firms, professional services firms, real estate service firms and financial services firms in relation to their own issues of compliance and reputation management, in particular in relation to anti-corruption, anti-fraud, anti-money laundering, sanctions legislation, anti-tax evasion and related civil and professional liability issues.

Key Publications

“He is laser like with his approach and gets right to the heart of the issue. He provides clear, concise and focused advice.” 
Civil Fraud - Legal 500 2023 

“Ian Smith is a civil and criminal fraud specialist comfortable managing complex proceedings involving such issues as asset recovery and money laundering. Much of his work pertains to overseas jurisdictions. He is adept at both bringing and defending claims. “
Civil Fraud - Chambers & Partners 2023  

Lead editor of the looseleaf practitioners' text, Asset Recovery: Criminal Confiscation and Civil Recovery (OUP, Looseleaf), which contains the chapter Criminal Compensation, Restitution and Forfeiture Orders, of which he is the current contributor. 

Lead author of the publication, Smith & Shepherd, Commercial and Cyber Fraud: a Legal Guide to Justice for Businesses (Bloomsbury, May 2019).

Author of the forthcoming work for legal practitioners, A Practitioner's Guide to Commercial and Cyber Fraud: Claiming Compensation in the Civil and Criminal Courts (Bloomsbury, 2020).

Co-author of The Illicit Trade in Art and Antiquities, International Recovery and Civil Liability (Hart, 2012).

Ian was a contributor to Rui / Sieber (eds), Non-Conviction-Based Confiscation in Europe (Duncker & Humblot -Berlin, 2015).

Professional Memberships

Bar Council of England and Wales, approved and authorised by the Bar Standards Board to conduct litigation and to carry out public access work for clients who do not use other lawyers to instruct counsel. 

Founding committee member and first President of VOCAL - the Victims of Crime Association of Lawyers (2015-2019) (www.vocaladvocates.org).  Ian is now the Immediate Past President.

Founding committee member of the Proceeds of Crime Lawyers Association (2008-2013) (www.pocla.org)

Secretary of the European Criminal Bar Association (2000-2003) (www.ecba.org)

Earlier Peer-reviewed Directory Quotes

“He is calm under pressure, thoughtful but robust in his advice, and sensitive to the commercial realities of relevant transactions.”
Civil Fraud -Legal 500 2022

"He is thorough, strategic, accurate and commercial in his approach. He's a good advocate who works well under pressure and is trusted by the judges."
Civil Fraud - Chambers & Partners 2022

"The go-to counsel for the crossover between the criminal and civil world, and he really understand the demands on clients from a practical perspective. He pushes and pushes until he has everything he needs and the cases are always the better for it."
POCA Work & Asset Forfeiture - Chambers UK 2022

"The go-to counsel for the crossover between the criminal and civil world, and he really understand the demands on clients from a practical perspective. He pushes and pushes until he has everything he needs and the cases are always the better for it." (Fraud: Civil - Legal 500 2020).

“Offers on-the-spot advice and is very clear in conference. He makes things very efficient for all of us." "Unusual in being able to undertake both POCA and civil fraud," "he is someone who can turn his hand to pretty much any POCA case.” (POCA Work & Asset Forfeiture - Chambers UK 2020)

‘Hugely knowledgeable on the crossover between criminal and civil fraud.’ (Fraud: Civil - Legal 500 2016).

His practice covers all aspects of civil fraud work, including international disputes and asset tracing. Expertise: “Very capable, especially where there are criminal issues in the case.” “He’s completely fearless and his tactical skills are first-rate.” Recent work: Acted as sole counsel for a defendant in Otkritie v Urumov; a USD183 million dispute concerning alleged fraudulent trading. (Civil Fraud - Chambers UK 2015).

Undertakes a large amount of advisory work in relation to proceeds of crime law. He is a founding committee member of the Proceeds of Crime Lawyers’ Association. Expertise: “He’s one of the very few at the Bar who can do criminal and civil confiscation work.” “A very good lawyer who’s very astute.” Recent work: Acted in a claim brought by SOCA seeking to raise and enforce tax assessments against a foreign national with whom SOCA had previously settled civil recovery claims under POCA. (POCA work and Asset forfeiture - Chambers UK 2015).

Ian Smith is particularly strong on international cases and is praised for his “quick turnaround of work”. (Who’s Who Legal UK Bar 2015).

“Very thorough and careful in his preparation.” (Fraud: civil - Legal 500 2014).

He is an expert on both the civil and criminal aspects of asset forfeiture and focuses his work in this field primarily on helping clients to avoid public exposure and liability in court. Expertise: “He’s very accessible, turns around work very quickly, and is efficient and precise.” Recent work: acted for the claimants in a case concerning property title insurance claims defended on the basis of a breach of the due diligence requirements of the Money Laundering Regulations 2007. (POCA work & Asset forfeiture - Chambers UK 2014).

Acknowledged as an expert in asset recovery. He is further sought after to advise on cases involving criminal law aspects. Expertise: “Gets on top of very complicated facts very quickly.” “He’s quick at turning around work, and is accurate and precise in all he does.” Recent work: he was instructed as sole counsel in relation to a £1 million fraud and asset tracing case arising from an overseas land banking scheme. (Fraud: civil - Chambers UK 2014).

In 2013, Ian was shortlisted for ‘The Chambers 100 UK Bar - The Juniors’ listing