Regulatory and white-collar crime in Jersey

Baker & Partners

At litigation boutique Baker & Partners, William Redgrave is active in work including public law around police powers of asset freezing, among other disputes of a similar nature. In addition, as a crown advocate Simon Thomas prosecutes key cases for the Jersey government. Senior associates Charlie Sorensen and Lynne Gregory are other key contacts.

Key clients

Prospective Applicant

Attorney General of Jersey

The Viscount of Jersey

Channel Islands Financial Ombudsman

Work highlights

  • Represented the claimant in Prospective Applicant v States of Jersey Police, a public law case concerning a refusal of consent to move assets following a suspicious activity report.
  • Instructed by the Attorney General, prosecuted the former managing director of Lumiere Wealth Limited for mis-selling offences and subsequent confiscation proceedings.
  • Acting for the Viscount of Jersey in proceedings concerning freezing orders imposed in Jersey in support of criminal confiscation orders in other jurisdictions.   The case involves arguments as to the scope of such orders, specifically whether they cover assets held outside Jersey.

Carey Olsen

At Carey Olsen, William Grace is active in a range of work including white-collar crime and JFSC regulatory work, including matters concerning anti-money laundering regulations - he regularly works alongside senior associate Oliver Lindop. Marcus Pallot's caseload include Channel Islands Financial Ombudsman-related matters. The practice is active for a broad range of trust companies, with areas of expertise including sanctions and investment in challenging asset classes.

Practice head(s):

Marcus Pallot

Other key lawyers:

William Grace; Oliver Lindop

Testimonials

‘The team has responded quickly and promptly as matters have arisen and provided good support, insight and guidance to navigate the regulatory and law enforcement challenges which have faced the business over the past months at both a corporate and individual level.’

‘Multi disciplinary, with obviously a local focus, so the issues we need addressed are examined through the appropriate offshore legal lens.’

‘The Carey Olsen team have a very strong track record in monitoring and advising on the development of the regulatory environment in Jersey. They are au fait with the thinking and spirit of the laws thereby enabling them to give pragmatic advice which helps industry both stay compliant and at the same time be commercial in the application of the laws.’

‘Billy Grace is truly an expect in the regulatory space. He has an advised all areas of the industry. He has been actively given input into the drafting of many of the laws so is naturally very familiar with their application and what they are seeking to achieve. He regularly presents on all matters of a regulatory nature and the financial services industry recognises Billy as a leading figure in this field. His straight talking approach is welcomed by his clients.’

‘Oliver Lindrop, is available, responsive, understands the issues, identifies the nuances with precision and clarity, and provides precise legal advice (which is very reassuring).’

‘Marcus Pallot is very commercial, practical and pragmatic.  He is well connected and very experienced.’

Key clients

Abu Dhabi Commercial Bank

Allied Trust Company Limited

Work highlights

  • Acted for ADCB in prosecution of it for one breach of the Money Laundering (Jersey) Order 2008 concerning allegations surrounding its policies and procedures, the first Jersey bank to be so prosecuted
  • Represented a trustee in first major civil forfeiture case (concerning a $17m bank account) in Jersey which settled in December 2019.
  • Represented Sanne in a JFSC investigation concluding in a £381,000 civil penalty.

Oben Law

Boutique firm Oben Law's partners Simon Franckel and David Wilson act for a number of the island's key financial services businesses on a range of regulatory matters, including JFSC investigations and more general advice concerning issues such as anti-money laundering, intermeddling and sanctions. The firm also has additional expertise under the Oben Regulatory banner including Jamie Biddle and Nicola Ingram, former deputy director of enforcement and a regulatory supervisor respectively at the JFSC - in this capacity the firm accepts instructions to act as independent inspectors from its Guernsey counterpart.

Practice head(s):

Simon Franckel; David Wilson

Other key lawyers:

Jamie Biddle; Nicola Ingram

Key clients

GFSC

JFSC

Zedra

Hawksford

Sanne Plc

Advocate Davida Blackmore

Under the banner Advocate Davida Blackmore, sole practitioner Davida Blackmore (of Callington Chambers before its dissolution in 2020) is the island's key name for specialised information law advice such as data protection and freedom of information law. She advises the Jersey Office of the Information Commissioner and its Guernsey counterpart, but also handles work for island businesses and individual clients. A number of mandates concern hostile subject access requests, including in the employment and financial services contexts. In addition to this, she has expertise in mental health law.

Practice head(s):

Davida Blackmore

Testimonials

‘Davida is one of the Island’s best lawyers for information rights legislation and mental health. She is extremely easy to deal with, and always looks at matters with compassion, practicality and pragmatism. Her attention to detail is second to none.’

‘Davida is a sole practitioner, an expert in her field. Very few other professionals work in the area of GDPR and regulatory work the way Davida does.’

‘Davida is knowledgeable and approachable. She is able to demystify and break down a subject that even for lawyers can be difficult to understand. At all times, she was accessible and quick to respond. Her advice was sensible, commercial and pragmatic and her drafting was excellent. She understands how the regulator works and thinks and is able to approach matters accordingly. I wouldn’t hesitate to instruct her again or recommend her to others.’

Key clients

Jersey Office of the Information Commissioner

Work highlights

  • Advising the Jersey Office of the Information Commissioner on the Data Protection (Registration and Charges) (Jersey) Regulations 2018 (and the 2019 amendment) including providing advice and assistance on guidance, engaging in industry and government discussions
  • Acting for a HNW individual in respect of subject access requests to a number of banking institutions.
  • Advising a local business in respect of a significant data breach caused by third-party infiltration of systems.

Bedell Cristin

Bedell Cristin covers a range of work for trust companies and financial institutions, covering third-party involvement in white-collar crime matters and non-contentious compliance advice. Robert Gardner represents third parties in confiscation and asset-freezing matters. Edward Drummond's workload includes asset tracing matters, as well as issues of tax information exchange notices. David Cadin handles a number of matters regarding assets legitimate abroad but under Jersey proceeds of crime scrutiny.  Martin Paul  and Richard Le Liard advise trust companies on issues ranging from client due diligence and anti-money laundering through to sanctions. Health and safety is another area of expertise for Gardner and Drummond.

Practice head(s):

Edward Drummond; Martin Paul

Testimonials

‘Robert Gardner is a strong advocate, legally very sound and commercially robust. He is the most discreet lawyer I know in Jersey and also very approachable.’

Key clients

Credit Suisse AG (Singapore branch)

Grant Thornton

Harbour Litigation Funding

R&H Jersey

Rradar

Work highlights

  • Acting for Credit Suisse (Singapore) in relation to the enforcement of security over property subject to criminal freezing orders in Jersey.
  • Acting for the GT liquidators of Alpen Partners Limited pursuing claims against former directors linked to an alleged fraud.
  • Advising banks and trust companies in Jersey on investment and transactions involving proceeds from the manufacture and sale of legal cannabis in Canada and the USA.

Mourant

In February 2020 Mourant promoted Mathew Cook, a contentious regulatory specialist to the partnership. His work includes matters such as prosecutions of banks for intermeddling (dissipating an estate before a grant of probate), as well as work concerning asset freezes for parties including trustees. Justin Harvey-Hills works with Cook on litigation concerning tax information exchange agreements. In addition Simon Gould and Sarah Huelin (the latter promoted to the partnership at the same time as Cook), handle a range of non-contentious and semi-contentious work including concerning proposed enforcement action.

Practice head(s):

Mathew Cook; Simon Gould

Other key lawyers:

Sarah Huelin; Justin Harvey-Hills

Testimonials

‘Genuine depth and breadth of experience at senior level.  A name that appears on almost every reported case of note and a team always well appraised of regulator behaviour.’

‘The team is led by a number of excellent partners who have a good balance of technical and commercial approaches. They provide commercial advice on complex regulatory matters in a coordinated and helpful manner.’

‘Mathew Cook has quite rightly been promoted to partner. He is an excellent lawyer who provides a commercial insight that few others in the regulatory sphere can match.’

‘Sarah Huelin has also rightly been promoted to partner. She provides technically complex advice in a coherent and practical manner.’

Key clients

Standard Bank Jersey Limited

H1 Trust Company Limited

Berge Gerdt Larsen

Jersey Financial Services Commission

Work highlights

  • Acted for Standard Bank in relation to a prosecution for intermeddling contrary to the Probate (Jersey) Law 1998.
  • Acting for H1 Trust Company, a Jersey trustee subject to freezing orders in relation to foreign criminal anti-money laundering prosecutions.
  • Advising Berge Gerdt Larsen in relation to his challenge to information requests submitted to Jersey authorities by the relevant authorities in his native Norway.

Steenson Nicholls LLP

Steenson Nicholls LLP' name partners David Steenson and Paul Nicholls are active in a number of proceeds of crime and asset freezing cases, typically representing individuals in proceedings against the Jersey Attorney General, as well as in criminal fraud cases.

Practice head(s):

Paul Nicholls; David Steenson

Work highlights

  • Representing a Swiss Trust company in connection with judicial review proceedings to challenge the extra-territorial validity of a compulsory notice to produce documents served by the Jersey Financial Services Commission in relation to an investigation of unauthorised financial services business.
  • Representing the former head of BDO Jersey in connection with criminal and civil proceedings for fraud, falsification of accounts and fraudulent conversion. The firm also represented two Intervenors in the proceedings.
  • Representing the Respondent in first contested proceedings brought by the Attorney General to forfeit the proceeds of a bank account under the Forfeiture of Assets (Civil Proceedings) (Jersey) Law 2018.