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ARTICLE · 25 JUNE 2021

Fraud Unravels Everything - BVI Courts Fighting White Collar Crime

Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found or that the victims of fraud will not be able to identify the fraudsters.

British Virgin IslandsCriminal Law

Fraudsters sometimes choose offshore vehicles in their illegal schemes under the mistaken belief that the misappropriated assets will not be found or that the victims of fraud will not be able to identify the fraudsters. This is completely wrong. The BVI Courts apply a well-known legal maxim originally developed by the English Courts in Lazarus Estates v Beasley [1956] 1 QB 702 at 712: "No Court in this land will allow a person to keep an advantage which has been obtained by fraud... fraud unravels everything."

When can fraud cases be brought in the BVI?

To secure assistance from the BVI Courts in tackling fraud, there must be a nexus to the BVI that engages the Court's jurisdiction. This will invariably involve one or more BVI companies participating in the fraud. The role of the entities located in the BVI and the circumstances of the individual case will dictate the extent to which the BVI Courts can assist.

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