Baroque Trust Company v Hindelang [2004] JRC 066 (15 April 2004)

Baroque Trust Company v Hindelang [2004] JRC 066 (15 April 2004)

The assets to be confiscated should reflect the assets forfeited by the external confiscation order, including the corporate structure, and the Viscount should be authorised to realise the assets, including winding up the structure. The proposal to confine registration to assets in the Viscount's name and return...

Source-derived case information.

Citation
[2004] JRC 066
Parties
Applicant: Attorney General; Respondent: Abacus; Respondent: Baroque Trust Company; Interested Party: Viscount
Jurisdiction
Jersey
Judgment Date
15 April 2004
Procedural Posture
Application to Register External Confiscation Orders / Interlocutory; Application Adjourned
Outcome
application adjourned; no order made; saisie continues
Legal Topics
Drug Trafficking, Confiscation of Proceeds of Crime, Registration of Foreign Orders, Management of Seized Assets, Corporate Winding Up
Criminal Law Trust Law Asset Forfeiture Drug Trafficking Confiscation of Proceeds of Crime Registration of Foreign Orders Management of Seized Assets Corporate Winding Up

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Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Abacus

Respondent

Baroque Trust Company

Respondent

Viscount

Interested Party

Procedural Posture

Application to Register External Confiscation Orders / Interlocutory; Application Adjourned

Legal Issues

  1. 1 Whether the registration of US forfeiture orders should be confined to assets currently in the Viscount's name or extend to the entire trust and corporate structure.
  2. 2 Whether the Viscount should be authorised to realise assets including winding up the corporate structure.

Ratio Decidendi

The assets to be confiscated should reflect the assets forfeited by the external confiscation order, including the corporate structure, and the Viscount should be authorised to realise the assets, including winding up the structure. The proposal to confine registration to assets in the Viscount's name and return shares to Baroque/Abacus is rejected as inconsistent with the US orders and the Law.

Court Disposition

application adjourned; no order made; saisie continues