JSC BTA Bank v Ablyazov & Ors

JSC BTA Bank v Ablyazov & Ors

Section 328 of the Proceeds of Crime Act 2002 is a 'related offence' under s.13(4) of the Fraud Act 2006 because the conduct it criminalises necessarily involves deception and fraudulent quality, thus the privilege against self-incrimination is removed.

Parties
Claimant/respondent: JSC BTA Bank; Defendants/appellants: Ablyazov & Others
Jurisdiction
England and Wales
Judgment Date
27 October 2009
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Privilege Against Self Incrimination, Proceeds of Crime, Fraud, Interpretation of Statutes
Criminal Law Civil Procedure Privilege Against Self Incrimination Proceeds of Crime Fraud Interpretation of Statutes

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Parties

JSC BTA Bank

Claimant/respondent

Ablyazov & Others

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether s.13 of the Fraud Act 2006 removes the privilege against self-incrimination in respect of an offence under s.328 of the Proceeds of Crime Act 2002
  2. 2 Whether an offence under s.328 is a 'related offence' within the meaning of s.13(4) of the Fraud Act 2006

Ratio Decidendi

Section 328 of the Proceeds of Crime Act 2002 is a 'related offence' under s.13(4) of the Fraud Act 2006 because the conduct it criminalises necessarily involves deception and fraudulent quality, thus the privilege against self-incrimination is removed.

Court Disposition

Appeal dismissed

Orders

  • The 4th Defendant's appeal is dismissed.