Jersey: White Collar Crime, Anti-Corruption & Fraud

Jersey and Guernsey's anti-money laundering laws have created a Kafkaesque system where bank accounts can be frozen indefinitely based on mere suspicion, without judicial oversight or time limits. This article examines how compliance officers' concerns can trap account holders in a legal limbo, and explores the emerging 'private law action' that offers a potential escape route through the courts.

Most of us find it easier to understand a legal concept if we are given an illustrative example. A hypothetical set of facts that clearly falls on one side of the line can help us appreciate how the concept works.

This guide explores the latest legislative, regulatory and enforcement developments in Jersey and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a fraud case, parallel proceedings, cross-jurisdictional mechanisms, recent developments, technology and other impacting factors.

Ogier represented the plaintiffs in a ten-day trial.

If the directors of a company defraud its customers, the proceeds can belong to the company. This is what the Supreme Court decided in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49...

The English High Court in The Serious Fraud Office & Anor v Litigation Capital Limited & Ors [2021] EWHC 1272 has held that it is not possible to have a constructive trust over Jersey immovable property.

A recent judgment[1] of the Royal Court casts light on the Island's conviction-based confiscation regime at a time when the States of Jersey is busy sharpening the claws of Jersey's investigatory...

In JSC BTA Bank v Khrapunov the UK Supreme Court ("UKSC") has provided a stir of excitement for civil fraud practitioners which will, no doubt, sustain many conference speeches over the coming months.

So, who was watching the BBC drama, McMafia? Poor Alex Godman; drawn into the murky world of international crime and (spoiler alert) ending up facilitating money laundering by accepting a subscription ...