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ARTICLE · 11 NOVEMBER 2008

Accessory Civil Liability

How do we frame an action against secondary facilitators of a fraud – such as those who provide an obligor with knowing assistance to hide his assets?

British Virgin IslandsWealth Management

Civil Conspiracy.

Under English law, an actionable conspiracy consists of a combination or confederacy between two or more persons, formed for the purpose of (a) committing an unlawful or criminal act, (b) the commission of an act which is not in itself unlawful, but where the means used to commit such act are unlawful in themselves, or (c) the commission of an act – the dominant purpose of which is to cause injury to a plaintiff. Under Florida law, by way of contrast, the elements of conspiracy are: (a) an agreement between two or more parties; (2) to do an unlawful act or to do a lawful act by unlawful means; (3) the doing of some overt act in pursuance of the conspiracy; and (4) damage to the plaintiff as a result of the acts done under the conspiracy.1

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