AG v Pearce [2023] JRC 199 (26 October 2023)

AG v Pearce [2023] JRC 199 (26 October 2023)

The Defendant exercised sufficient control over the cash received and deposited, thus obtained property from criminal conduct. The claim that shares in Jersey Online Traders Limited were held on trust was not substantiated; the shares are realisable assets. The benefit obtained is quantified at £1,185,060.33, but the realisable assets are £149,652.90, which forms the basis of the confiscation order.

Citation
[2023] JRC 199
Parties
Defendant: Darius Pearce; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
26 October 2023
Procedural Posture
Criminal Confiscation Proceedings / Post Conviction, Confiscation Order
Outcome
Confiscation order granted against Defendant.
Legal Topics
Confiscation Order, Benefit From Criminal Conduct, Realisable Assets, Trust Law, Piercing Corporate Veil
Criminal Law Proceeds of Crime Money Laundering Confiscation Order Benefit From Criminal Conduct Realisable Assets Trust Law Piercing Corporate Veil

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Parties

Darius Pearce

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal Confiscation Proceedings / Post Conviction, Confiscation Order

Legal Issues

  1. 1 Did the Defendant benefit from relevant criminal conduct?
  2. 2 What is the value of the benefit obtained?
  3. 3 What assets are realisable for the purposes of the confiscation order?

Ratio Decidendi

The Defendant exercised sufficient control over the cash received and deposited, thus obtained property from criminal conduct. The claim that shares in Jersey Online Traders Limited were held on trust was not substantiated; the shares are realisable assets. The benefit obtained is quantified at £1,185,060.33, but the realisable assets are £149,652.90, which forms the basis of the confiscation order.

Court Disposition

Confiscation order granted against Defendant.

Orders

  • Confiscation order in the sum of £149,652.90.
  • Viscount to return tools valued at £5,000 to Thaddeus Pearce.