In the matter of an Application by the Financial Intelligence Unit (MA 199.2014) [2014] SCSC 269 (17 July 2014)

In the matter of an Application by the Financial Intelligence Unit (MA 199.2014) [2014] SCSC 269 (17 July 2014)

The court found reasonable grounds to suspect the accounts are linked to criminal conduct and money laundering, and that an extension of the freezing directions for 180 days is just and necessary while investigations continue.

Citation
[2014] SCSC 269
Parties
Applicant: Financial Intelligence Unit; Respondent: Ciro Hernandez; Respondent: Marcela Martinez; Respondent: Sebastian Elichiry
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
17 July 2014
Case Number
MA 199.2014
Procedural Posture
Ex Parte Application / Order on Application for Extension of Directions
Outcome
application granted
Legal Topics
Extension of Freezing Orders, Proceeds of Crime, Money Laundering Investigation
Source Language
English
Criminal Law Anti Money Laundering Extension of Freezing Orders Proceeds of Crime Money Laundering Investigation

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Parties

Financial Intelligence Unit

Applicant

Ciro Hernandez

Respondent

Marcela Martinez

Respondent

Sebastian Elichiry

Respondent

Procedural Posture

Ex Parte Application / Order on Application for Extension of Directions

Legal Issues

  1. 1 Whether there are reasonable grounds to extend the directions freezing the accounts under the Anti-Money Laundering Act
  2. 2 Whether the properties represent proceeds of criminal conduct or are related to money laundering

Ratio Decidendi

The court found reasonable grounds to suspect the accounts are linked to criminal conduct and money laundering, and that an extension of the freezing directions for 180 days is just and necessary while investigations continue.

Court Disposition

application granted

Orders

  • Extension of directions freezing the accounts for a further period of 180 days from 19 July 2014 relating to the accounts of Marcela Martinez, Ciro Hernandez, and Sebastian Elichiry held at BMI Offshore Bank Seychelles Limited.