In the matter of the Saisies Judiciaires of Robert Tantular [2020] JRC 058 (08 April 2020)

In the matter of the Saisies Judiciaires of Robert Tantular [2020] JRC 058 (08 April 2020)

The Modified Law permits the Jersey court to make saisie judiciaire orders and enforce freezing and confiscation against property situated outside Jersey, provided the persons controlling such property are within the personal jurisdiction of the court. The statutory definition of 'property' is broad and unambiguous, and only property held by the defendant in Jersey vests automatically in the Viscount; other categories of realisable property, including gifts to trusts, may be frozen regardless of location. The presumption against extra-territoriality does not override the clear statutory language and context. The court's subject matter jurisdiction extends to regulating conduct of trustees...

Citation
[2020] JRC 058
Parties
Representor: Robert Tantular; Applicant: Attorney General; Trustee: H1 Trust Company Limited; Eighth Respondent: Credit Suisse
Jurisdiction
Jersey
Judgment Date
08 April 2020
Procedural Posture
Statutory Interpretation / Enforcement of Foreign Confiscation Order / Final Judgment
Outcome
Application by Attorney General granted; saisie judiciaire upheld as applying to property outside Jersey.
Legal Topics
Proceeds of Crime, Enforcement of Foreign Confiscation Orders, Jurisdiction, Extra Territoriality, Trust Structures
Criminal Law Trust Law International Law Proceeds of Crime Enforcement of Foreign Confiscation Orders Jurisdiction Extra Territoriality Trust Structures

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Parties

Robert Tantular

Representor

Attorney General

Applicant

H1 Trust Company Limited

Trustee

Credit Suisse

Eighth Respondent

Procedural Posture

Statutory Interpretation / Enforcement of Foreign Confiscation Order / Final Judgment

Legal Issues

  1. 1 Whether a saisie judiciaire under Article 16(1) of the Proceeds of Crime (Jersey) Law 1999 (as modified) is limited to property situated in Jersey or extends to property elsewhere
  2. 2 Interpretation of 'property' and 'realisable property' under the Modified Law
  3. 3 Scope of Jersey court's jurisdiction over assets held abroad via Jersey trust structures

Ratio Decidendi

The Modified Law permits the Jersey court to make saisie judiciaire orders and enforce freezing and confiscation against property situated outside Jersey, provided the persons controlling such property are within the personal jurisdiction of the court. The statutory definition of 'property' is broad and unambiguous, and only property held by the defendant in Jersey vests automatically in the Viscount; other categories of realisable property, including gifts to trusts, may be frozen regardless of location. The presumption against extra-territoriality does not override the clear statutory language and context. The court's subject matter jurisdiction extends to regulating conduct of trustees...

Court Disposition

Application by Attorney General granted; saisie judiciaire upheld as applying to property outside Jersey.

Orders

  • Saisie judiciaire confirmed over realisable property including assets situated outside Jersey held via Jersey trust structures.
  • Trustee (H1 Trust Company Limited) prohibited from dealing with realisable property of Tantular, including assets abroad, except as directed by the Viscount.