Representation of Kaplan [2009] JRC 082 (29 April 2009)

Representation of Kaplan [2009] JRC 082 (29 April 2009)

The saisie judiciaire was discharged because the balance of considerations, including the exhaustion of Jersey assets, paralysis of trust administration, and existence of freezing orders in Switzerland, rendered its continuation disproportionate and unnecessary. The statutory requirements for the saisie judiciaire were satisfied, but ongoing maintenance was not justified in the circumstances.

Citation
[2009] JRC 082
Parties
Applicant: Gary Stephen Kaplan; Respondent: Attorney General; Interested Party: Viscount
Jurisdiction
Jersey
Judgment Date
29 April 2009
Procedural Posture
Representation for Discharge of Saisie Judiciaire / Final Judgment
Outcome
saisie judiciaire discharged
Legal Topics
Proceeds of Crime, Saisie Judiciaire, Dual Criminality, Trust Administration, Material Non Disclosure, External Confiscation Orders
Criminal Law Trust Law Asset Forfeiture International Cooperation Proceeds of Crime Saisie Judiciaire Dual Criminality Trust Administration +2 more

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Parties

Gary Stephen Kaplan

Applicant

Attorney General

Respondent

Viscount

Interested Party

Procedural Posture

Representation for Discharge of Saisie Judiciaire / Final Judgment

Legal Issues

  1. 1 Whether there are reasonable grounds for believing an external confiscation order may be made
  2. 2 Whether the dual criminality test is satisfied
  3. 3 Whether there is realisable property situate in Jersey

Ratio Decidendi

The saisie judiciaire was discharged because the balance of considerations, including the exhaustion of Jersey assets, paralysis of trust administration, and existence of freezing orders in Switzerland, rendered its continuation disproportionate and unnecessary. The statutory requirements for the saisie judiciaire were satisfied, but ongoing maintenance was not justified in the circumstances.

Court Disposition

saisie judiciaire discharged

Orders

  • The saisie judiciaire is discharged.
  • The Viscount is relieved from further management of the realisable property.