Fraud & Asset Recovery

Our lawyers have unparalleled experience in bringing and defending major international fraud claims and asset recovery actions before the Jersey courts.

We act for foreign governments, NGOs, multinational corporations and private individuals in some of the most complex and high value political corruption, forfeiture and judgment enforcement actions. We are able to offer a seamless service across multiple jurisdictions through our close association with professionals who are expert in asset tracing and recovery work, conducting coordinated action in multiple jurisdictions as necessary.

Freezing and Disclosure Orders

Freezing and disclosure orders are among the most important tools available to trace and recover the proceeds of fraud.  The firm has obtained many effective and creative orders for the swift identification and restraint of assets to enable the satisfaction of both domestic and overseas claims. This includes disclosure orders (both pre and post judgment), worldwide freezing orders and, where appropriate, the use of gagging orders to prevent the ultimate wrongdoer being put on notice.

Asset Recovery Actions

The firm has acted in major asset recovery actions in Jersey, resulting, for example, in the recovery of millions of dollars of the proceeds of corruption for the state of Brazil subject to a constructive trust. It acted for the claimant in Dalemont v Senatorov who sought to pierce the veil of a Jersey foundation.

The States of Jersey Police (SOJP) has the power to “withhold consent” to move assets once money laundering suspicions have been reported.  Although this is not a court order, in reality it operates like a freezing order because it is a virtual certainty that the financial institute controlling the assets will not conduct any transactions without the consent of the SOJP for fear of being convicted of money laundering.  This power exists in many jurisdictions, but is normally subject to time limits which, once expired, require a court order if the funds are to remain frozen. This is not the case in Jersey. There are no time limits, so funds can remain informally frozen for years unless the owners take action to have the “no consent” lifted.  These actions can either take the form of a private law action against the institution holding the funds, or judicial review of the decision of the SOJP. The firm has considerable expertise in this area and has procured the release of very large sums on behalf its clients.

Insolvency

We have acted for numerous overseas insolvency practitioners seeking recognition and effective powers in Jersey in order to identify and recover assets for overseas creditors.

Briefings

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