Comments
UK export control enforcement record ‘nothing to shout about’
March 13 2023
Andrew Smith
Partner
"Andrew Smith brings total focus and professionalism to each case he conducts – skills which he brings to bear in multiple high-profile investigations by the SFO."
THE LEGAL 500 2022
BIOGRAPHY & EXPERTISE
Andrew Smith is an experienced litigator who has advised on a range of white-collar criminal and regulatory matters, many of them international in nature.
“Andrew is an inventive and creative solicitor who knows the law extremely well and has excellent judgement” according to Chambers and Partners UK 2023, in which he is ranked for ‘Crime: Extradition’, ‘Financial Crime: Individuals’, ‘POCA Work & Asset Forfeiture’, and ‘Tax: Contentious Fraud’.
He is recognised by The Legal 500 UK 2023 as a leading individual in ‘Fraud: White-Collar Crime’ and a next generation partner in ‘Crime’. He is included as a leading lawyer in the Who’s Who: Business Crime Defence Lawyers 2021 guide and was ranked in the Who’s Who Legal: Investigations 2018 guide as being the number one “future leader” in Europe. In 2017 he was named as one of the 40 leading investigations lawyers in the world under the age of 40. He was named “Lawyer of the Week” by The Times (London) for successfully defending the first extradition request received by the UK from the UAE.
Areas of expertise
Andrew’s white-collar criminal and regulatory practice includes numerous domestic and cross-border investigations and prosecutions brought by the Serious Fraud Office, Financial Conduct Authority, National Crime Agency, Crown Prosecution Service, HM Revenue & Customs and the police into allegations including conspiracy to defraud, offences under the Fraud Act 2006, tax fraud, money laundering, market abuse, insider dealing, false accounting and bribery/corruption.
Andrew has acted in a string of complex and high-profile extradition cases, including requests emanating from Russia, Ukraine, the United States, South Africa, Thailand, Sri Lanka, Mexico and the Middle East (particularly the United Arab Emirates), as well as a number of EU countries, and has experience of making representations to INTERPOL for the removal of red and diffusion notices. He also has experience where mutual legal assistance is sought from the UK by foreign prosecutors, particularly overseas restraint orders and requests for witness evidence.
Andrew has represented companies and individuals in corporate internal investigations, and has developed expertise in a number of areas of regulatory crime, particularly financial services (including regulatory investigations into approved persons by the FCA). He also has experience of representing individuals and preparing them to give evidence in high-profile public inquiries and investigations.
WORK HIGHLIGHTS
- Acting for individual suspects in the SFO investigations into Glencore, Tesco, Airbus, Petrofac, Amec Foster Wheeler, British American Tobacco, GSK, Unaoil, Quindell and LIBOR, as well as individual suspects in a variety of NCA investigations concerning allegations of fraudulent trading, breaches of financial sanctions and overseas bribery/corruption.
- Acting for numerous individual suspects and witnesses in FCA criminal and regulatory investigations into allegations of insider dealing, market abuse and breaches of the Money Laundering Regulations 2017, including a defendant in the FCA’s largest ever prosecution of insider dealing (Operation Tabernula).
- Acting for individuals sought on complex extradition requests, including Shrien Dewani (South African request on allegations of murder and kidnap), Andrew Symeou (Greek request on allegations of manslaughter) and Mohammed Lodhi (the first UAE request to the UK on allegations of drug trafficking), as well as high-profile political figures and businesspeople whose extradition has recently been sought on investigations in France, Greece, Italy, Mexico, Romania and Russia.
- Successfully made representations for the removal of INTERPOL red and diffusion notices requested by prosecuting authorities in countries including Russia, Uzbekistan, Iran, Pakistan, India, the UAE and Bahrain.
- Acting for respondents in contested Account Freezing Order and Account Forfeiture proceedings, including gathering expert and witness evidence, often from overseas, to establish the legitimate origins of the money.
- Acting for high-profile individuals in public inquiries, including a former senior executive in the Lord Dyson investigation into the BBC’s conduct of the Panorama Princess Diana interview.
- Advising individuals in general criminal matters, including a suspect in the police investigation into the Post Office scandal, former soldiers accused of crimes in Northern Ireland, an MP accused of offences connected to Parliamentary expenses and a former religious figure accused of covering up historic sex abuse in the Church of England.
- Advising companies and individuals on mutual legal assistance requests received from foreign prosecutors in proceedings alleging crimes ranging from tax evasion to crimes against humanity.
Career
Andrew Smith re-joined Corker Binning in July 2007 (having previously worked here as a paralegal) and became a partner in April 2012. He trained and qualified as a solicitor at Hogan Lovells.
Andrew is a member of the Defence Extradition Lawyers Forum. He is a co-editor of the Lloyds Law Review (Financial Crime) digest, speaks and writes regularly about financial crime and extradition, and is a recently appointed co-editor of Archbold.
News & Insights
Newsletters
Russian sanctions and the law of unintended consequences
August 18 2022
Insights
Andrew Smith and Tasha Benkhadra write for Law Society Gazette on Russian sanctions
August 15 2022
News
Andrew Smith and Joseph Hume write for PLC Magazine on the relationship between statutory and common law fraud offences
June 10 2022
News
Andrew Smith writes for The Law Society Gazette on acting for Russian clients during the Ukraine war
May 30 2022
News
Partners Andrew Smith and Jessica Parker write for Global Investigations Review
January 17 2022
News
Andrew Smith writes for Accountancy Daily on Corporate Accounting Scandals and the SFO
December 21 2021
News
Jessica Parker and Andrew Smith write for the Practitioner’s Guide to Global Investigations
September 23 2021
Insights
A suspicious change in policy?
August 9 2021
Insights
The scope of “reasonable excuse” part II: when can a person lawfully refuse to answer questions in a compelled interview in a criminal investigation?
April 20 2021
News
Andrew Smith and Maia Cohen-Lask write for G+C Magazine on the risks for execs caught in the sights of a public inquiry
April 12 2021
News
Andrew Smith and Anna Rothwell write for Law360 on when to refuse answering an investigators question
March 12 2021
Insights
KBR v SFO: what are the implications for individuals who receive section 2 notices?
February 11 2021
Insights
The Supreme Court’s decision in KBR v SFO: section 2 notices can still apply across borders
February 9 2021
Comments
Andrew Smith quoted in the media on KBR v Director of the SFO
February 5 2021
News
Andrew Smith and Anna Rothwell write for Fraud Intelligence on “reasonable excuse”
December 2 2020
Insights
The other side: Where a SAR submitted to the NCA may end up
November 25 2020
Insights
The scope of “reasonable excuse”: when can a person lawfully withhold documents on receipt of a compulsory production notice in a criminal investigation?
November 5 2020
News
Jessica Parker and Andrew Smith write for GIR flashpoints between companies and individuals in corporate investigations
September 8 2020
Comments
Andrew Smith comments in Newsweek on Prince Andrew MLA
June 10 2020
Comments
Andrew Smith comments in GIR on High Court’s decision regarding UWOs (2/2)
April 16 2020
Comments
Andrew Smith comments in GIR on High Court’s decision regarding UWOs (1/2)
April 9 2020
Insights
Supreme Court rules UK handing US information about El Shafee is unlawful
March 26 2020
Comments
Andrew Smith comments in African Business on Isabel dos Santos
March 23 2020
Comments
Andrew Smith comments in FT on Grenfell inquiry
February 27 2020
News
INTERPOL Red Notices
February 26 2020
News
Jessica Parker and Andrew Smith feature in GIR’s Practitioner’s Guide to Global Investigations
February 17 2020
News
Andrew Smith and Joseph Hume write for Bloomberg Law on US-UK cross-border investigations
January 29 2020
News
Andrew Smith to speak at C5 conference on Russian litigation
January 23 2020
Comments
Edward Grange and Andrew Smith comment in The Times on Carlos Ghosn
January 9 2020
Comments
Andrew Smith comments in The Telegraph on Carlos Ghosn
January 8 2020
News
Andrew Smith to speak at 3rd Annual GIR Live London Winter
November 28 2019
Insights
UK and US sign landmark Data Access Agreement
October 9 2019
Comments
Andrew Smith comments on Sarclad acquittals in the media
July 17 2019
Comments
Andrew Smith comments on Boris Johnson challenge in the media
June 7 2019
News
Andrew Smith discusses whether deferred prosecution agreements are unfair in Law360
June 7 2019
Comments
Andrew Smith comments on Boris Johnson to face a preliminary hearing and then a criminal trial in Bloomberg
May 29 2019
News
Andrew Smith examines the doctrine of double jeopardy in relation to cross-border criminal exposure in Fraud Intelligence
March 18 2019
News
Andrew Smith examines the Crime (Overseas Production Orders) Act 2019 in New Law Journal, Lawyer Monthly and CrimeLine
March 4 2019
News
Andrew Smith examines the doctrine of double jeopardy in relation to cross-border criminal exposure in Law360
February 27 2019
News
Andrew Smith and Jessica Parker contribute to GIR’s Third Edition of The Practitioner’s Guide to Global Investigations
January 24 2019
News
Andrew Smith examines the doctrine of double jeopardy in relation to cross-border criminal exposure in CrimeLine
December 12 2018
News
Andrew Smith discusses the Westminster city council scandal and the Bribery Act 2010 in CrimeLine
October 12 2018
Comments
Andrew Smith comments on the SFO director’s first month in The Law Society Gazette
September 26 2018
Comments
Andrew Smith comments on Andreas Hauschild’s possible extradition to the UK over Euribor rate-rigging charges in Bloomberg
September 24 2018
Comments
Andrew Smith comments on Akin Ipek to fight extradition in a UK court in the Financial Times
September 24 2018
News
Andrew Smith examines the KBR v SFO judicial review concerning extraterritoriality in Thomson Reuters Regulatory Intelligence, Law360 and Fraud Intelligence
September 21 2018
News
Andrew Smith comments on KBR losing the fight over extraterritorial application of SFO section 2 notices in GIR
September 6 2018
Comments
Andrew Smith comments on former HSBC trader Stuart Scott winning an extradition appeal against the US in GIR
August 10 2018
News
Andrew Smith and Alice Lepeuple discuss holding companies criminally liable for human rights abuses in Law360
August 1 2018
Comments
Andrew Smith comments on a German court ruling that Carles Puigdemont can be extradited to Spain in the Daily Express
July 13 2018
News
Jessica Parker and Andrew Smith contribute to GIR’s The Practitioner’s Guide to Global Investigations 2018 Newsletter
July 11 2018
News
Andrew Smith discusses the use of compelled testimony in criminal proceedings in GIR
February 23 2018
Comments
Andrew Smith comments on anti-money laundering measures and FinTech in KYC360
January 15 2018
News
Andrew Smith speaking at the Thomson Reuters Criminal Law Review Conference 2017
December 13 2017
Comments
Andrew Smith comments on the new National Economic Crime Centre in The Times Law Brief, Bloomberg, City A.M., GIR and The Law Society Gazette
December 11 2017
News
Andrew Smith discusses extradition under the present regime in The Times
November 9 2017
News
Andrew Smith and Danielle Reece-Greenhalgh write on the Paradise Papers for The Times Law Brief
November 8 2017
Comments
Andrew Smith comments on the Paradise Papers in The Times Law Brief, BBC News, International Adviser and The Global Legal Post
November 7 2017
Comments
Andrew Smith comments on Carles Puigdemont European Arrest Warrant in The Guardian
November 3 2017
Comments
Andrew Smith comments on Stuart Scott extradition case in The Times Law Brief, MailOnline and Financial Reporter
October 26 2017
News
Andrew Smith moderating panel at ABA’s Sixth Annual London White Collar Crime Institute
October 9 2017
News
Andrew Smith recognised in GIR’s 40 Under 40 2017
September 5 2017
News
Andrew Smith attending Smart Practice in Trade Security conference
June 26 2017
News
Andrew Smith examines INTERPOL red notices and transparency in Fair Trials
June 12 2017
Comments
Andrew Smith comments on landmark SFO legal professional privilege ruling in The Wall Street Journal, The Law Society Gazette, GIR, Litigation Futures, The Global Legal Post, Lawyer Monthly and Law360
May 10 2017
Comments
Andrew Smith comments on Vijay Mallya extradition hearing in Reuters, CNBC, Yahoo! Finance and Daily Mail
April 18 2017
Comments
Andrew Smith comments on criminal asset confiscation laws in the FT
August 23 2016
News
Partners Robert Brown and Andrew Smith speaking at the British Academy of Forensic Sciences Annual Dinner
May 17 2016
News
New consultation announced on the proposed corporate offence of failing to prevent the facilitation of tax evasion
April 18 2016
Comments
Andrew Smith comments on the proposed corporate offence of failing to prevent the facilitation of tax evasion in the FT, Economia, New Law Journal and Law Society Gazette
April 18 2016
Comments
Andrew Smith comments on the Investigatory Powers Bill in Global Investigations Review
March 21 2016
News
Andrew Smith’s article on when a non-defendant company can have its assets confiscated published in The Barrister
March 11 2016
News
Andrew Smith and Danielle Reece-Greenhalgh article re corporate criminal liability published on Traidcraft blog
February 1 2016
News
Andrew Smith discusses police handling of Westminster sex abuse claims in the FT
October 15 2015
News
Corker Binning partner discusses the latest updates in criminal procedure
October 9 2015
News
Andrew Smith speaking at the IBC Asset Tracing seminar
October 5 2015
News
Andrew Smith discusses Libor prosecutions in Thomson Reuters Accelus
August 24 2015
News
Andrew Smith interviewed by Lexis PSL regarding LIBOR and the SFO
August 19 2015
Comments
Andrew Smith’s comments regarding compliance in the light of the recent Tom Hayes verdict published in Thomson Reuters Accelus
August 10 2015
News
Andrew Smith discusses LIBOR sentencing in the Law Society Gazette and CDR magazine
August 5 2015
News
Interviews in corporate internal investigations: Andrew Smith’s article published in GIR magazine
July 31 2015
Comments
Andrew Smith’s comments re the DPP and Lord Janner published in The Times
July 2 2015
Comments
Andrew Smith’s comments on UK-Russia extradition cases published in the FT
June 9 2015
News
Peter Binning and Andrew Smith’s article published in Euromoney
May 8 2015
Insights
The case of Evans and lessons for the SFO
May 8 2015
Comments
Andrew Smith comments in WorldECR on export and trade controls
April 14 2015
Insights
Andrew Smith: ‘HMRC and the HSBC tax evasion scandal: a loss of prosecutorial nerve?’
April 1 2015
News
Andrew Smith appointed to the committee of the Fraud Lawyers Association
March 13 2015
Comments
Andrew Smith’s comments re HSBC and HMRC published in Global Investigations Review
February 20 2015
Comments
Andrew Smith’s comments re criminal prosecutions for breaches of export and trade controls published in WorldECR
November 27 2014
Comments
Corker Binning ranked in Chambers UK 2015
October 31 2014
Comments
Andrew Smith comments published in Global Investigations Review
August 20 2014
Comments
Corker Binning partners ranked in Euromoney’s White Collar Crime Expert Guide 2014
March 31 2014
Comments
Andrew Smith published in The Barrister magazine – “A question of compulsion: US requests for compelled FCA interviews”
March 13 2014
Comments
Corker Binning Solicitor Stephanie Roe mentioned in The Daily Mail – Success: Court asked to vary restraining order so couple could attend marriage counselling
January 10 2014
Comments
Corker Binning is top ranked in Chambers 2014
October 31 2013
Comments
Partner Andrew Smith due to speak at The WorldECR Export Controls & Sanctions Forum in November 2013
October 29 2013
Comments
Corker Binning partner comments in Law Society Gazette (12 July 2013)
July 12 2013
Comments
Corker Binning partner writes about European Arrest Warrants in the Law Society Gazette
May 27 2013
Comments
Corker Binning partner elected as member of ELA Committee
March 1 2013
Comments
Corker Binning partner comments on latest crackdown on tax evasion
January 25 2013
Comments
Corker Binning partner comments on implications of McKinnon extradition case
October 17 2012
Comments
Corker Binning partner Andrew Smith comments on implications of McKinnon extradition case
October 17 2012
Comments
Corker Binning partner comments on Assange extradition case
August 1 2012
Comments
Corker Binning partner discusses criminal enforcement of UK export and trade controls
August 1 2012
Comments
Corker Binning partner comments on US/UK extradition treaty
March 30 2012
Comments
Corker Binning lawyer comments on O’Dwyer and Tappin extradition cases
January 17 2012
Comments
Corker Binning lawyer analyses UK extradition review
January 6 2012
Testimonials
"Andrew Smith is hard-working and does a fantastic job. He is somebody I would recommend for matters requiring sophisticated expertise."
Chambers UK 2023
"Andrew Smith is very strategic, and very creative in the strategies he uses."
Chambers UK 2023
"He is very experienced in the field and completely reliable. He is very interested in getting into the details of a case and wants to know all its ins and outs."
Chambers UK 2023
"He is a highly intellectual individual and at the top of the field."
Legal 500 2023
"Andrew is an inventive and creative solicitor who knows the law extremely well and has excellent judgement."
Chambers UK 2023
"Andrew is very cerebral and a delight to work with."
Chambers UK 2023
"Andrew Smith is a star – hugely bright, very thoughtful, and an excellent lawyer."
Legal 500 2023
"An incredible team all round. Andrew Smith is outstanding."
Legal 500 2023
"Andrew is an extremely thoughtful, analytical lawyer who would be one of my first choices for a matter involving tricky or novel legal issues."
Chambers HNW 2022
"I think what sets him apart is that he's very cerebral. He's very interested in the law and he's able to help clients through very tricky issues by going back to first principles and can construct a thoughtful, powerful legal argument."
Chambers HNW 2022
"He is a very skilled lawyer and has a very good legal brain."
Chambers UK 2022
"He thinks about cases in an incredibly clear and analytic way, with the kind of intelligence that allows him to get to the nub of legal issues without making them too intellectual."
Chambers UK 2022
"He shows fantastic judgement as to where a case might go, is incredibly thorough in his preparation and always on top of the detail."
Chambers UK 2022
“Andrew is a far-sighted tactician and thoughtful adviser with a lot of experience guiding people through extremely thorny situations.”
Chambers UK 2022
"He is fantastic and very intelligent."
Chambers UK 2022
Andrew Smith "has a razor-sharp brain and an acutely tactical approach which, combined with his excellent judgment, engenders complete confidence from his clients."
THE LEGAL 500 2022
"Andrew Smith brings total focus and professionalism to each case he conducts – skills which he brings to bear in multiple high-profile investigations by the SFO."
THE LEGAL 500 2022
"Andrew Smith is exceptional in his ability to cut through knotty legal issues in fraud and corruption investigations."
THE LEGAL 500 2022
"Andrew Smith is applauded as a “very academic lawyer” with “excellent” experience dealing with complex extradition matters.”
Who’s Who Legal Business Crime Defence 2021
“His judgement is very sharp.” “He is a really fantastic partner, a very strong performer, cerebral and perfectly prepared.”
CHAMBERS UK 2021
"Andrew Smith provides legal and case analysis of the highest calibre – he is generally the smartest cookie in the room, often giving his clients the edge."
Legal 500 UK 2020
"His ability to analyse cases and work out a route to achieve success is remarkable."
CHAMBERS UK 2019
Andrew Smith is ‘fiercely intelligent, has great judgement and an established reputation’.
THE LEGAL 500 2019
Andrew Smith is 'an excellent lawyer, extremely bright and very efficient and practical in dealing with disciplinary and regulatory issues'.
THE LEGAL 500 2019
Andrew Smith has a "great knowledge of international law."
CHAMBERS UK 2019
"He is experienced, goes the extra mile and really engages in a case."
CHAMBERS UK 2019
"Very intelligent and works extremely hard."
CHAMBERS UK 2019
- Acting for individual suspects in the SFO investigations into Glencore, Tesco, Airbus, Petrofac, Amec Foster Wheeler, British American Tobacco, GSK, Unaoil, Quindell and LIBOR, as well as individual suspects in a variety of NCA investigations concerning allegations of fraudulent trading, breaches of financial sanctions and overseas bribery/corruption.
- Acting for numerous individual suspects and witnesses in FCA criminal and regulatory investigations into allegations of insider dealing, market abuse and breaches of the Money Laundering Regulations 2017, including a defendant in the FCA’s largest ever prosecution of insider dealing (Operation Tabernula).
- Acting for individuals sought on complex extradition requests, including Shrien Dewani (South African request on allegations of murder and kidnap), Andrew Symeou (Greek request on allegations of manslaughter) and Mohammed Lodhi (the first UAE request to the UK on allegations of drug trafficking), as well as high-profile political figures and businesspeople whose extradition has recently been sought on investigations in France, Greece, Italy, Mexico, Romania and Russia.
- Successfully made representations for the removal of INTERPOL red and diffusion notices requested by prosecuting authorities in countries including Russia, Uzbekistan, Iran, Pakistan, India, the UAE and Bahrain.
- Acting for respondents in contested Account Freezing Order and Account Forfeiture proceedings, including gathering expert and witness evidence, often from overseas, to establish the legitimate origins of the money.
- Acting for high-profile individuals in public inquiries, including a former senior executive in the Lord Dyson investigation into the BBC’s conduct of the Panorama Princess Diana interview.
- Advising individuals in general criminal matters, including a suspect in the police investigation into the Post Office scandal, former soldiers accused of crimes in Northern Ireland, an MP accused of offences connected to Parliamentary expenses and a former religious figure accused of covering up historic sex abuse in the Church of England.
- Advising companies and individuals on mutual legal assistance requests received from foreign prosecutors in proceedings alleging crimes ranging from tax evasion to crimes against humanity.