Partner - Auckland

Sam McMullan

Sam is one of Aotearoa New Zealand’s leading litigators and experts on white collar crime.

Sam is one of Aotearoa New Zealand’s leading litigators and experts on white collar crime.

Sam McMullan

About

Sam acts for financial markets regulators, including the Department of Internal Affairs, Financial Markets Authority, and the Reserve Bank of New Zealand.  He is a leading litigator for cases brought under the Anti-Money Laundering and Countering Financial Terrorism Act 2009, Financial Markets Conduct Act 2014 and the fraud provisions in the Crimes Act 1961.

He also acts for and against a range of regulators of professions like health professional regulatory bodies, the Law Society, Real Estate Agents Authority and the Teaching Council. 

Together with the wider MC team, he advises clients on New Zealand’s regulatory framework (policy development, compliance frameworks and strategies, operating policies and procedures, inquiries, reviews, and risk assessments) and financial markets (anti-money laundering, securities law compliance, regulatory authorisations, and disclosure).

Sam has prosecuted more than 100 criminal trials involving complex money laundering, violence and drug offences and other serious financial crimes.  He also has considerable experience in commercial disputes, regulatory compliance and professional disciplinary proceedings.

He has appeared at all levels of New Zealand’s courts, acting in cases that resulted in leading decisions, including how a private prosecution may be commenced under the Criminal Procedure Act 2011.

 

 

Recent Cases & Achievements

R v Hua 2023 (NZDC)

Prosecuted this complex and, by value, New Zealand’s largest case of money laundering, relating to over $28m in alleged money laundering transactions involving money remittance and cryptocurrency exchange.

Financial Markets Authority v Tiger Brokers (NZ) Ltd [2022] NZHC 1625

Acted in the Financial Markets Authority’s second civil proceeding under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

R v Napier [2022] NZHC 3072

Prosecuted this complex High Court fraud trial relating to the theft of over $600,000 by a director/book keeper from a rest home.

R v Jiaxin Finance Ltd [2019] NZHC 3058 and [2022] NZCA 287

Acted in New Zealand’s first prosecution and appellate decision (upholding the trial court’s findings) under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

Vector Ltd v H Ltd [2022] NZHC 569

Complex private prosecution relating to the theft of $1.2m during the management of a construction contract, and New Zealand’s leading decision relating to the commencement of a private prosecution.

Financial Markets Authority v CLSA Premium Ltd [2021] NZHC 2325

Prosecuted the Financial Markets Authority’s first civil proceeding under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

Credentials

Admitted as NZ Barrister and Solicitor, 2010

LLB(Hons)/BA, Victoria University of Wellington

LLM, New York University

Chair of Big Brothers and Big Sisters Auckland

Author of multiple publications on criminal law and legal ethics