Serious Fraud Office v Saleh [2018] EWHC B8 (QB) (22 March 2018)

Serious Fraud Office v Saleh [2018] EWHC B8 (QB) (22 March 2018)

The shares issued to Mrs Saleh were part of a corrupt arrangement to induce Chadian public officials, satisfying the dual criminality requirement; Mrs Saleh did not obtain the shares in good faith or without notice, so the proceeds are recoverable property and a recovery order must be made.

Citation
[2018] EWHC B8 (QB)
Parties
Claimant: Serious Fraud Office (SFO); Defendant: Mrs Saleh
Jurisdiction
England and Wales
Judgment Date
22 March 2018
Procedural Posture
Civil Recovery Proceedings (part 8 Claim) / Trial Judgment
Outcome
claim allowed; recovery order granted
Legal Topics
Proceeds of Crime, Civil Recovery Order, Dual Criminality, Corruption, Bribery, Good Faith Defence
Criminal Law Civil Recovery Proceeds of Crime Civil Recovery Order Dual Criminality Corruption Bribery Good Faith Defence

Case Brief

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Parties

Serious Fraud Office (SFO)

Claimant

Mrs Saleh

Defendant

Procedural Posture

Civil Recovery Proceedings (part 8 Claim) / Trial Judgment

Legal Issues

  1. 1 Whether the £4.4 million is recoverable property under the Proceeds of Crime Act 2002
  2. 2 Whether the issue of shares to Mrs Saleh amounted to unlawful conduct under Canadian and English law (dual criminality)
  3. 3 Whether Mrs Saleh can establish a defence under section 266 of the Act (good faith, detriment, notice)

Ratio Decidendi

The shares issued to Mrs Saleh were part of a corrupt arrangement to induce Chadian public officials, satisfying the dual criminality requirement; Mrs Saleh did not obtain the shares in good faith or without notice, so the proceeds are recoverable property and a recovery order must be made.

Court Disposition

claim allowed; recovery order granted

Orders

  • £4.4 million vested in the trustee for civil recovery nominated by the SFO