Newly opened bank accounts used to launder £400,000.00 of stolen money from a Jersey business

QUESTION

• One wonders if we will ever see the bank named and shamed either in the courts or by the regulator for failing to report or being a facilitator to the proceeds of crime.

A SAISIE JUDICIAIRE*

A Saisie Judiciaire

• Is a legal order under the Proceeds of Crime (Jersey) Law 1999 in the Jersey Channel Islands.
• Allows the Royal Court to seize and manage a person's assets subject to a confiscation order or involved in criminal proceedings where the court believes the person has benefited from criminal conduct.

When a Saisie Judiciaire is issued, the ownership of the assets is transferred to the Viscount, who is responsible for managing and potentially selling these assets according to the court's directions. These assets can include various types of cash, property, vehicles, and investments.

In Jersey, the process of a Saisie Judiciaire involves several key steps:

1. Application: The Attorney General can apply to the Royal Court for a Saisie Judiciaire order if there is reasonable cause to believe that a person has benefited from criminal conduct.
2. Court Order: If the court grants the order, the ownership of the person's assets is transferred to the Viscount. This includes various types of assets such as cash, property, vehicles, and investments.
3. Management of Assets: The Viscount's Department controls the assets and manages them according to the court's directions. This can involve maintaining, managing, or selling the assets to satisfy the court's orders.
4. Realisation of Assets: The court may direct the Viscount to sell the assets in a manner that fulfils the court's orders. The proceeds from the sale are then used to satisfy any confiscation or forfeiture orders made by the court.

This process ensures that the assets derived from criminal activities are effectively managed and used to compensate victims or support law enforcement efforts against financial crime.

References

• ex-tempore judgment (judgement) https://www.jerseylaw.je/judgments/unreported/Pages/[2025]JRC066.aspx
•  Seizure and management of proceeds of crime - Courts. je https://www.courts.je/viscount/enforcement/seizure-and-management-of-proceeds-of-crime/
• Proceeds of Crime (Enforcement of Confiscation and Instrumentalities ... https://www.jerseylaw.je/laws/current/ro_77_2008
• Glossary of legal terminology - Jersey Law https://www.jerseylaw.je/courts/Pages/Terminology.aspx
• Proceeds of Crime (Jersey) Law 1999 https://www.jerseylaw.je/laws/current/PDFs/L_8_1999.pdf
• Seizure and management of proceeds of crime - Courts. je https://www.courts.je/viscount/enforcement/seizure-and-management-of-proceeds-of-crime/