Doraville Properties Corp. v. Att. Gen. [2017] 1 JLR 64 (22 February 2017)
- Citation
- [2017] 1 JLR 64
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil Asset Recovery / Judgment
More details
- Posture
- Civil Asset Recovery / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A US default judgment expressly finding on verified evidence that assets are proceeds of crime constitutes a finding for the purposes of the Jersey definition of 'tainted property'.
Court disposition
application dismissed
Orders
- US default judgment accepted as sufficient finding under Jersey law
02
Material facts
Parties
Doraville Properties Corp.
ApplicantAttorney General
Respondent03
Procedural history
Posture
Civil Asset Recovery / Judgment
04
Questions and positions
Legal issues
Whether a US default judgment finding assets as proceeds of crime satisfies the definition of 'tainted property' under Jersey law
Party arguments
- Applicant
- Applicant challenged whether the US default judgment constituted a sufficient finding for the purposes of Jersey's definition of 'tainted property'.
- Respondent
- Respondent argued that the US default judgment, based on verified evidence, expressly found the assets to be proceeds of crime and thus met the statutory requirements.
05
Court’s reasoning
Legal principles
- 01
Civil Asset Recovery (International Co-operation) (Jersey) Law 2007, art. 1
Definition of 'tainted property' requires a finding by an external decision-making body that property was used in, intended to be used in, or obtained from unlawful conduct.
06
Ratio, limits and disposition
Ratio decidendi
A US default judgment expressly finding on verified evidence that assets are proceeds of crime constitutes a finding for the purposes of the Jersey definition of 'tainted property'.
Court disposition
application dismissed
- US default judgment accepted as sufficient finding under Jersey law
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Doraville Properties Corp. v. Att. Gen. [2017] 1 JLR 64 (22 February 2017) URL: https://www.bailii.org/je/cases/JLR/2017/JLR171064.html Cite as: [2017] 1 JLR 64 [ New search ] [ Help ] Doraville Properties Corp. v. Att. Gen. 2017 (1) JLR 64 (22 February 2017) Criminal Procedure-proceeds of criminal conduct-external civil asset recovery order-"tainted property"-definition of "tainted property" in Civil Asset Recovery (International Co-operation) (Jersey) Law 2007, art. 1 requires finding by external decision-making body that property (a) used in, or intended to be used in, unlawful conduct; or (b) obtained in course of, from proceeds of, or in connection with unlawful conduct-US default judgment, expressly finding on verified evidence that assets proceeds of crime, is finding for these purposes The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2017 (1) JLR 64 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2017/JLR171064.html
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