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Barrister Profile

MARK MULHOLLAND QC

Year of Call: 1993

QC: 2011

Main Areas of Practice

Commercial Law
Criminal Law
Human Rights

Biography

Mark Mulholland Q.C. took Silk in 2011 and has significant experience litigating criminal and enforcement cases and has appeared in several hundred jury and non-jury trials throughout the United Kingdom and Ireland.

Mr. Mulholland represents corporations and individuals in matters involving a wide range of UK, US and International enforcement agencies, including the Serious Fraud Office, HMRC, NCA, SOCA, MI5, the US Department of Justice and Securities and Exchange Commission. He has significant cross-border investigations experience and has led internal investigations and advised US and UK companies relating to a variety of laws including financial misconduct, bribery, and other types of fraud. He has been retained in several instances at the pre litigation stage to advise on strategy. He has also appeared in a number of high profile terrorist trials in Northern Ireland and frequently also handles complex civil litigation in parallel to criminal matters. He also has significant experience in public inquests and inquiries. Mr Mulholland has also prosecuted and defended respondents in regulatory and disciplinary hearings.

He is a member of Doughty Street Chambers, London and is also a member of the Bars of Ireland and England and Wales. He works on a regular basis with several multi national law firms in London involving both civil and criminal litigation.

In 2010 he served as Chairman of the Professional Conduct Committee of the Bar of Northern Ireland for 2 years; he was elected Chairman of the General Council of the Bar and of the Executive Council of the Inn of Court of Northern Ireland in late 2011 serving until 2014. He is presently a Bencher of the Inn of Court of Northern Ireland, a member of the International Academy of Trial Lawyers (USA), the Vice Chair of the International Advocacy Training Council (based in Hong Kong) and external assessor for the Scottish Faculty of Advocates Quality Assurance programme. Over the past several years he has been a guest trainer at the Bar of Hong Kong Advocacy training course. He is a frequent international speaker on government investigations and professional conduct and delivered the International Rule of Law Lecture at Inner Temple, London in 2012. He has also spoken at the IBA conference in Vienna and the World Bar conferences in London, New Zealand, Edinburgh and Cape Town on the ‘Erosion of Legal Professional Privilege’.

He has an LLM in commercial law from the University College Dublin and has also delivered talks to governmental agencies on the Proceeds of Crime Act, Company Director Disqualification and wrongful trading and advised on the provisions of the Bribery Act 2010 (UK) Fraud Act 2006 (UK) and the Corruption Act 2018 in the Republic of Ireland and has co authored “The Bribery Act, Due Diligence & DPA’s” published in Counsel Magazine.

Qualifications

Queen’s University, Belfast - LLB (Hons)

University College, Dublin - LLM

Called to the Bar of Northern Ireland 1993

Called to the Bar of Ireland 1999

Called to the Inner Bar of Northern Ireland 2011

Called to the Bar of England & Wales 2015

Bencher of the Inn of court of Northern ireland 2016

Called to the Bar of Grand Cayman 2017

Experience

CASES SINCE 2017 INCLUDE:

R v Doherty & others 2017 NICA: Representation of two companies and company director on 30 charges of evasion of duty in excess of £30 million. Ongoing (Trial pending)

Advising a US Fortune 100 Company on UK banking regulations and voluntary self-disclosure to the UK Financial Conduct Authority. (Jan 2017)

In the matter of an application by Greece v O’Connor [2017] NIQB 88 - Successful appeal before the Divisional Court under section 27(4) of the Extradition Act to discharge the Order to extradite the appellant to Greece. Currently before the Divisional Court for consideration for leave to appeal to the UK supreme Court. See O’Connor v Greece [2017] NIQB 77

Advising a corporate client who has been invited to provide evidence before the Cooke Commission of Inquiry in Dublin into the NAMA sale of £1.2 billion sale of distressed property portfolio. Ongoing.

R v Trevino Bodden (Grand Cayman) appearing for Bodden in his constitutional challenge and tariff hearing before the Grand Court of the Cayman Islands regarding the new life tariff system for life sentence prisoners. (April 2017)

R v H & others: Successfully represented an individual charged with vat fraud and deception by negotiating a suspended sentence and no proceeds of crime liability. (Sept 2017)

Representing a client in a multi-jurisdictional fraud and bribery investigation in Ireland, UK and USA involving the DOJ, SEC, NCA & Garda. (Ongoing)

Advising a US firm on the implications of bestowing gifts to public officials in Ireland under the Corruption Act 2018.

R v Denis Light: Successful reduction in sentence on fraud conviction before the NI Court of Appeal on grounds of exceptionality. (Sept 2017)

R v McL: Successful acquittal of business man on multiple charges of sexual offences after 2 week trial. (April 2017)

R v D: Successful representation of a former international rugby player facing criminal allegations, High Court divorce proceedings and related ancillary relief proceedings.

R v H & others: Representing a company director on allegations of price fixing of public procurement tenders - trial pending (October 2018)

R v Keenan, Paul Patrick: Successful defence of accused on a murder charge (December 2017)

In the matter of an inquest into the death of Steven Colwell - retained by the Police Federation to represent a serving police officer in an inquest hearing (currently into its 6th week at hearing).(March 2018)

R v McKenna: Successful defence of police custody sergeant acquitted after a 6 week criminal trial on charges of gross negligence manslaughter and misconduct in public office. (October 2018)

R v Forte: Acquittal of serving police detective on charges of misconduct in public office. (March 2018)

R v Harbinson: Successful acquittal of accused on terrorism charges. (June 2018)

Advising multi national company involved in multi million euro contracts with a european government on issues of defamation under UK law in conjunction with US proceedings.

Advising a business owner in connection with an ongoing HMRC / POCA investigation into several businesses.

R v McD: Successfully represented Governmental official on charges of alleged corruption involving the payment of subsidies/grant funding plus successful High Court settlement for malicious prosecution. (February 2018)

Retained to prosecute on behalf of HMRC in an upcoming 15 defendant carousel fraud. (Pending)

R v Gary Marshall: Successfully represented the accused on charges of murder and abduction in a non jury trial spanning 9 months, involving the cross examination of several leading experts in fibres, pollen and mineralogy & accused acquitted on all counts.

R v D & D: Representation of two police officers on allegations of perverting the course of justice. (May 2018)

Representation of N Ireland Water (exclusive supplier to N Ireland) on charges of pollution before the Crown Courts in N Ireland

Representation of managing director of UK wide company providing strategic advice on corporate liability & potential civil and criminal proceedings ( ongoing)

Representation in the Chancery Division of the High Court of an estranged wife defrauded in marital settlement by use of sham company valued in excess of £1 million

R v D: Successful challenge to forfeiture proceedings against company. (June 2018)

R v Stephen McKinney: Representation of accused charged with the murder of his wife. (Ongoing)

R v Ochiltree: Represented the accused on counts of fraud & abuse of trust. Acquitted. (February 2018)

Strategic advice to company and company director relating to potential charge of gross negligence manslaughter. (Ongoing)

R v Damhan McFadden: Represented in 3 week trial before the Special Criminal Court in Dublin. Case resolved in third week of trial & client received a non custodial sentence. (February 2019)

Retained to defend several defendants in an upcoming 35 defendant fraud trial. (Pending)

PREVIOUS TRIAL EXPERIENCE INCLUDES:

R v EM & others [2006] NICC 6 & [2006] NICC 13: Successfully represented client on charges of fraudulent evasion of excise duty, £60 million contrary to S 170 (1) (b) of the Customs and Excise Management Act 1979 & converting proceeds of crime.

R v S & others: Successful representation of company directors and companies facing allegations of several million pounds due in unpaid taxes to the Revenue.

R v McP & McP: Represented leading business man after £ multi million HMRC investigation on charges of tax evasion.

R v M & others: Represented government employee on charges of corruption by crown servant contrary to the prevention of Corruption Act 1906.

R v GD: Successfully represented company director on charges of evasion of duty of £1,000,000 in a two week jury trial with a not guilty verdict on all counts and follow up civil proceedings for proceeds of crime for £1,000,000 successfully dismissed by the High Court.

Duffy, Colin & others; in re application for judicial review (No 2) [2011] NIQB 16; [2011] NI 194: Application for a declaration of incompatibility in respect of paragraphs 29(3) and 36(3)(b) of Schedule 8 of the Terrorism Act 2000 which deal with the circumstances in which a person arrested under section 41 of the Act on reasonable suspicion of being a terrorist may have their period of detention extended for a period of up to 28 days.

R v Gault, Lesley Ann [2004] NICA 25; [2005] BNIL 19, Gault, Lesley Ann v United Kingdom [2007] All ER (D) 297, [2008] Crim LR 476: Finding against the UK Government before the European Court of Human Rights.

R v Duffy, Paul & Others [2015] NICC 13: Charges of directing terrorism, conspiracy to murder & planning acts of terrorism contrary to section 5 Terrorism Act 2000 following extensive M15 covert surveillance operation - use of electronic devices (bugging and GPS) - PII on grounds of national security - PII hearing ordering disclosure - no evidence offered - not guilty verdict

Publications