David O’Mahony acted for the Attorney General for Jersey and the United States Department of Justice in resisting a challenge to a freezing order over US$ 23 million.
The case arises from prosecutions in South Africa and the United States for massive over-harvesting of lobster and other fish products in South Africa and their importation and processing in the United States. The United States is seeking to enforce a US$ 37 million forfeiture order made by the New York courts.
The Jersey Royal Court gave important guidance on the interaction between overseas forfeiture orders and offshore trust and company structures and on dual criminality in relation to inter alia money laundering and the Crime (Transnational Organised Crime) (Jersey) Law 2008.
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