Andrew Mitchell QC is an English Barrister known worldwide for his expansive knowledge of proceeds of crime regimes and litigation.
For at least 25 years, much of Andrew’s practice has involved both civil and criminal matters relating to the proceeds of crime. During this period, he has advised and represented both government authorities seeking restraint and forfeiture of criminal proceeds, as well as private litigants opposing such measures within the United Kingdom and other nations who are members of the Commonwealth of Nations. He has appeared in 10 leading cases UK Supreme Court (including the House of Lords its predecessor) involving the proceeds of crime.
Andrew has also advised and represented the Government of the United Kingdom with respect to the execution of external requests for mutual legal assistance concerning the restraint and forfeiture of the proceeds of crime, including a request for assistance in forfeiture matters concerning an Antiguan financial institution (Stanford International Bank) and multi-jurisdictional issues of mutual legal assistance, insolvency and forfeiture law.
He has recently assisted the US Government with expert evidence in a forfeiture matter. As well as representing the Government of the United States of America he has also represented the Governments of South Africa and India in the Court of Appeal in England and Wales, and the House of Lords, in relation to matters touching and concerning proceeds of crime.
Andrew is admitted to practice 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. He is a member of the OECS Bar Association.
In addition to being Head of Chambers in London, he is a member of Chambers in Port of Spain, Trinidad and Tobago and is currently engaged as Leading Counsel on behalf of the Crown in a case of public corruption in the Turks and Caicos Islands and is a consultant to the Government of Bahamas.
Known as the standout leader in the field, he earns unanimous praise from clients and fellow barristers for his POCA work.
“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 “Star Individual”, “King of POCA”, “the godfather of the area”, “Absolutely and unequivocally the obvious choice for POCA” and “Very knowledgeable and well respected by the judiciary”. (Chambers and Partners 2012/13/14/15/16)
Sought after to advise on multi-jurisdictional investigations into allegations of fraud and corruption. His fraud practice is complemented by his POCA expertise. “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”. (Legal 500 2013/14/15).
Since 1992, Andrew has been a co-author of a legal textbook on the developing confiscation law in England and Wales: Mitchell, Taylor and Talbot, Confiscation and the Proceeds of Crime – considered one of the leading legal textbooks on proceeds of crime (whether criminal or civil) and 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 the OECS Bar Association annual conference in 2009, 2014 and 2015 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 has recently finished chairing, on behalf of the Commonwealth Secretariat as the lead organisation, a number of plenary meetings with the United Nations and the International Monetary Fund on the redrafting and updating of the model law for common law countries on the Proceeds of Crime, including Money Laundering, Criminal and Civil Forfeiture, and the Financing of Terrorism.
Andrew is currently assisting the Commonwealth of the Bahamas as the lead consultant in the construction of a new ‘gold standard’ Proceeds of Crime Act.