AG v ABU Dhabi Commercial Bank PJSC, Jersey Branch [2018] JRC 192 (17 October 2018)

AG v ABU Dhabi Commercial Bank PJSC, Jersey Branch [2018] JRC 192 (17 October 2018)

The Defendant bank negligently breached Article 23(1) of the Probate (Jersey) Law 1998 by transferring funds from a deceased's Jersey account without obtaining Jersey probate, but did so without intent to defraud or gain, following a foreign court order. The conduct, while serious for a regulated entity, did not cause loss or prejudice to heirs and was self-reported. A fine of £25,000 and a compensation order for avoided stamp duty were appropriate and proportionate penalties.

Citation
[2018] JRC 192
Parties
Prosecutor: Attorney General; Defendant: [Defendant Bank]
Jurisdiction
Jersey
Judgment Date
17 October 2018
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence imposed
Legal Topics
Intermeddling With Estate, Probate Requirements, Banking Compliance, Financial Penalties, Self Reporting, Sentencing Principles
Criminal Law Probate Law Financial Regulation Intermeddling With Estate Probate Requirements Banking Compliance Financial Penalties Self Reporting +1 more

Case Brief

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Parties

Attorney General

Prosecutor

[Defendant Bank]

Defendant

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Whether the Defendant bank committed the offence of intermeddling under Article 23(1) of the Probate (Jersey) Law 1998 by transferring funds from a deceased's Jersey account without Jersey probate
  2. 2 Appropriate level of fine for a regulated entity for intermeddling
  3. 3 Applicability of civil penalty frameworks to criminal sentencing for intermeddling

Ratio Decidendi

The Defendant bank negligently breached Article 23(1) of the Probate (Jersey) Law 1998 by transferring funds from a deceased's Jersey account without obtaining Jersey probate, but did so without intent to defraud or gain, following a foreign court order. The conduct, while serious for a regulated entity, did not cause loss or prejudice to heirs and was self-reported. A fine of £25,000 and a compensation order for avoided stamp duty were appropriate and proportionate penalties.

Court Disposition

conviction and sentence imposed

Orders

  • Fine of £25,000 imposed on the Defendant bank
  • Compensation order of £2,085.27 in favour of the Treasurer of the States for avoided stamp duty