Actifs entachés in the Channel Islands: an analysis of the power of summary forfeiture

What the paper says

Purpose This paper aims to analyse the core provisions of the Forfeiture of Assets (Civil Proceedings) (Jersey) Law 2018. It focuses on the effectiveness of a power of summary forfeiture against movable property in both the context of non-conviction-based forfeiture and Jersey’s alignment with international standards. The paper seeks to demonstrate the effectiveness of the power, how it has been challenged and how those challenges have been overcome. The paper highlights areas of potential reform to improve Jersey’s already established reputation in civil asset recovery, protect the services of international finance centres against abuse as a transit jurisdiction for illicit finance and enhance an increasingly important tool in the fight against financial crime in Jersey and beyond. Design/methodology/approach The paper evaluates domestic case law up to the appellate level, exploring judicial analysis of the key provisions and principles to assess whether summary forfeiture achieves legislative objectives and meets international standards. Findings The effectiveness of summary forfeiture can be undermined by extensive litigation. Jersey has made significant contributions in this field, which supports the arguments in favour of civil forfeiture powers. The Jersey judgments have considered and resolved a wide range of complex issues relevant to coordinate forfeiture regimes. The structure of the Law could be changed to enhance both its domestic and international impacts. Originality/value The paper offers broader lessons for jurisdictions using non-conviction-based forfeiture and can be used to gain greater insights and awareness into how an international finance centre can enhance civil asset recovery as an alternative to conventional criminal justice measures.