Tantular -v- AG [2014] JRC 243 (08 December 2014)

Tantular -v- AG [2014] JRC 243 (08 December 2014)

Four disputed transfers to the Trust after 1 November 2007 were gifts caught by the Law and constitute realisable property; two transfers were not gifts. The saisie was varied to retain assets equal to the adjusted value of the gifts.

Citation
[2014] JRC 243
Parties
Defendant: Robert Tantular; Applicant: Attorney General; Trustee: BOS Trust Company (Jersey) Limited; First Applicant: Mr Tantular's wife; Second to Fourth Applicants: Mr Tantular's three children; Beneficiary: Mr Tantular's wife's younger sister
Jurisdiction
Jersey
Judgment Date
08 December 2014
Procedural Posture
Saisie Judiciaire Proceedings / Post Hearing Judgment on Variation of Saisie
Outcome
saisie varied to retain assets equal to value of gifts; partial discharge
Legal Topics
Realisable Property, External Confiscation Orders, Gifts Under Proceeds of Crime, Beneficial Entitlement, Trust Distributions
Criminal Law Trust Law Confiscation Realisable Property External Confiscation Orders Gifts Under Proceeds of Crime Beneficial Entitlement Trust Distributions

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Parties

Robert Tantular

Defendant

Attorney General

Applicant

BOS Trust Company (Jersey) Limited

Trustee

Mr Tantular's wife

First Applicant

Mr Tantular's three children

Second to Fourth Applicants

Mr Tantular's wife's younger sister

Beneficiary

Procedural Posture

Saisie Judiciaire Proceedings / Post Hearing Judgment on Variation of Saisie

Legal Issues

  1. 1 Whether transfers to Jasmine Investment Trust were gifts caught by the Proceeds of Crime (Jersey) Law 1999
  2. 2 Whether an external confiscation order exists in the 1631 proceedings
  3. 3 Whether assets of the Trust constitute realisable property

Ratio Decidendi

Four disputed transfers to the Trust after 1 November 2007 were gifts caught by the Law and constitute realisable property; two transfers were not gifts. The saisie was varied to retain assets equal to the adjusted value of the gifts.

Court Disposition

saisie varied to retain assets equal to value of gifts; partial discharge

Orders

  • Viscount authorised to release assets from saisie subject to retaining assets valued at US$1.7m