The Serious Fraud Office v Saleh

The Serious Fraud Office v Saleh

The Canadian order was not a judgment on the merits of the forfeiture claim, as the claim was withdrawn before any substantive hearing or evidence. The order did not finally determine the status of the shares as against the world, nor did it preclude the SFO from seeking a Civil Recovery Order under POCA. The dual...

Source-derived case information.

Parties
Claimant: The Serious Fraud Office; Respondent: Ikram Mahamet Saleh
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Application to Discharge Property Freezing Order (pfo) / Ruling on Application to Discharge PFO
Outcome
Application to discharge the property freezing order dismissed
Legal Topics
Property Freezing Order, Civil Recovery Order, Res Judicata, Dual Criminality, Material Non Disclosure
Criminal Law Proceeds of Crime Conflict of Laws Property Freezing Order Civil Recovery Order Res Judicata Dual Criminality Material Non Disclosure

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Parties

The Serious Fraud Office

Claimant

Ikram Mahamet Saleh

Respondent

Procedural Posture

Application to Discharge Property Freezing Order (pfo) / Ruling on Application to Discharge PFO

Legal Issues

  1. 1 Whether the Canadian court order precludes the SFO from pursuing a Civil Recovery Order under POCA by reason of res judicata or issue estoppel
  2. 2 Whether the dual criminality requirement under s.241 of POCA is satisfied
  3. 3 Whether there was material non-disclosure by the SFO in obtaining the PFO

Ratio Decidendi

The Canadian order was not a judgment on the merits of the forfeiture claim, as the claim was withdrawn before any substantive hearing or evidence. The order did not finally determine the status of the shares as against the world, nor did it preclude the SFO from seeking a Civil Recovery Order under POCA. The dual criminality requirement was satisfied, and there was no material non-disclosure by the SFO. The application to discharge the PFO is dismissed.

Court Disposition

Application to discharge the property freezing order dismissed

Orders

  • The property freezing order continues in force
  • Application to discharge the PFO is dismissed