There is no bar on private prosecutions for the vast majority of criminal offences; therefore, in theory, any authority or private party may prosecute.

In IKON Shina Ltd v Smyshliaeva [BVIHCMAP2022/0073], the Eastern Caribbean Court of Appeal allowed an appeal against the Commercial Court's refusal to make amounts...

A BVI Court case examines whether a publicly traded company can be restrained from redomiciling to another jurisdiction when allegations of fraud and control by interested parties threaten to render enforcement of potential claims impossible. The proceedings reveal the complex interplay between corporate independence, jurisdictional authority, and the protection of alleged fraud victims in offshore litigation.

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.

A freezing order (or Mareva injunction) is a type of injunction which restrains a party from removing or dealing with his or her assets and monies to prevent dissipation, which would otherwise, defeat the purpose of a later judgment.

The collapse of an investment fund affected by a fraud will often lead to disputes between the investors who were paid out before the discovery of the fraud, the investors who gave notice to redeem ...

Despite the popular myth of the secrecy of BVI companies, the reality on the ground paints a different picture.

It is unsurprising that modern wrongdoing often hides behind anonymity. In an offshore context, such “wrongdoing” may involve a sophisticated digital asset or cryptocurrency fraud...

In two recent cases, the British Virgin Islands Commercial Court had the opportunity to clarify the effect of section 125 of the Evidence Act 2006.

With the development of the BVI as an offshore financial centre ('OFC') in the early 1980s many companies have decided to establish domicile in the jurisdiction.

The Proceeds of Crime Act (Revised) (POCA) was amended by the Proceeds of Crime (Amendment) Act 2023 (Act 12 of 2023) (the Amendment) and was published in the Cayman Islands Gazette No, 32 on 6 October 2023.

Although cryptocurrencies are not 'new', it is only in recent years that ownership of digital assets has become widespread. Given the increased interest and value in the crypto market...

In this article, we will discuss some of the tools available to a party in the British Virgin Islands (BVI) to seek to recover property, or proceeds of property, which have been misappropriated.

Key to the success of any fraud recovery plan is tied to the accuracy and completeness of our understanding of the fraudster himself – or of his characteristics, habits and modus operandi. So what has that to do with redefining the victim?

Weavering Macro Fixed Income Fund was placed into liquidation in March 2009 after it was revealed that the Fund's main asset, being a basket of interest rate swaps entered into with a related entity, were worthless.

On 22nd April 2015, the Supreme Court of the United Kingdom gave judgment in Jetivia SA v Bilta UK Limited (in liquidation) [2015] UKSC 23.

The discovery of major loss through fraud or deceit can come as a shock. One forensic accountant has said:

Fraud and insolvency can be vexing. However, there are a number of tools available to an insolvency professional who is faced with an insolvent estate that has been made the victim of grand malfeasance or fraud.

This guide explores the latest legislative, regulatory and enforcement developments in the British Virgin Islands, and provides expert analysis on industry-wide topics including cryptocurrency...

In this Q&A article Arabella di Iorio and David Welford provide insight into business crime and regulations as it relates to the British Virgin Islands. Topics include criminal law enforcement, particular statues and crimes, investigations, and appeals.