Financial Intelligence Unit vs Cyberspace Ltd (Miscellaneous Cause No. 2 of 2012) [2012] SCSC 47 (28 September 2012)

Financial Intelligence Unit vs Cyberspace Ltd (Miscellaneous Cause No. 2 of 2012) [2012] SCSC 47 (28 September 2012)

The applicant failed to establish, on a balance of probabilities, that the respondent engaged in conspiracy to defraud or any criminal conduct justifying the orders sought. No agreement to defraud was shown, and the respondent's operation of a search engine and sale of advertising space is not unlawful.

Citation
[2012] SCSC 47
Parties
Applicant: Financial Intelligence Unit; Respondent: Cyberspace Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 September 2012
Case Number
Miscellaneous Cause No. 2 of 2012
Procedural Posture
Miscellaneous Cause / Ruling on Interlocutory Application
Outcome
Application dismissed with costs
Legal Topics
Proceeds of Crime, Civil Confiscation, Copyright Infringement, Conspiracy to Defraud, Interlocutory Orders
Source Language
English
Criminal Law Intellectual Property Law Civil Procedure Proceeds of Crime Civil Confiscation Copyright Infringement Conspiracy to Defraud Interlocutory Orders

Case Brief

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Parties

Financial Intelligence Unit

Applicant

Cyberspace Ltd

Respondent

Procedural Posture

Miscellaneous Cause / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the respondent is in possession or control of property constituting benefit from criminal conduct
  2. 2 Whether the respondent engaged in conspiracy to defraud through its websites
  3. 3 Whether an interlocutory order prohibiting disposal of funds should be granted

Ratio Decidendi

The applicant failed to establish, on a balance of probabilities, that the respondent engaged in conspiracy to defraud or any criminal conduct justifying the orders sought. No agreement to defraud was shown, and the respondent's operation of a search engine and sale of advertising space is not unlawful.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to immediately defreeze the respondent’s account