Author Topic: The Bailiff, head judge, Jersey Justice and the Nigerian affair.  (Read 900 times)

Offline boatyboy

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Is Jersey through it’s courts ( who no longer wish to comment ) stealing the money belonging to the Nigerian Government and by default its people.

An interesting article from the B/Express, which needs airing in public.

“It is alleged that during the military regime in Nigeria of General Sani Abacha, he and his son, Mohammed Sani Abacha, together with their associate Abubakar Atiku Bagadu (and others) embezzled, misappropriated, defrauded and extorted  hundreds of millions of dollars from the government of Nigeria, which were then laundered through the US in breach of its money laundering laws.”

Then we are told:

But, after complicated legal wrangling, the Royal Court has decided the money was “tainted property” and the original confiscation order should stand.

Who will actually get the confiscated money is still not clear. One of the reasons lawyers acting for the Doraville account say they went to court was because under the terms of the 2007 Law and Asset Sharing Agreement between the US and Jersey, it’s the US and Jersey who will get the money, not Nigeria.

The court, though, says “how these monies would be dealt with… is of no relevance, however, to the task which we have to decide and we comment no further upon it.”

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 â€œ How these monies will be dealt with is no relevance “( says the Jersey court ) The poor people of Nigeria may disagree with you, give the Nigerian Government it’s money back, otherwise you are just as bent as the General who stole it.

All Credit to Bailiwick Express

http://www.bailiwickexpress.com/jsy/news/us287million-held-deutsche-bank-account-was-proceeds-crime/?t=i#.V6hFLUu9vwI

Boatyboy.

Offline Jerry Gosselin

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Re: The Bailiff, head judge, Jersey Justice and the Nigerian affair.
« Reply #1 on: August 09, 2016, 08:53:25 PM »
I must admit that I am confused about which countries have received exactly what from these seized funds. Article 3 below from August 2014 mentions that the US Department of Justice was trying to seize $303 million held in two Jersey bank accounts - is this the same money that Raj Bhojwani laundered or is this separate money? Yet article 4 below, dated just 4 months later, states that Jersey was set to return £315 million of the money laundered by Raj Bhojwani, having already repatriated £140 million. Some will ask what right the US has to seize this money, apparently for its own benefit, when it was stolen from Nigeria and held in bank accounts in Jersey and other places outside the USA. After all, it is our police and courts system - not the United States - that has been racking up the multi-million pound costs for a decade and a half to investigate and prosecute this case.

1) Article dated 28th June 2010 from oyibosonline.com reporting on the conviction and sentencing for money laundering of Raj Bhojwani by Jersey's Royal Court:

http://www.oyibosonline.com/jersey-court-jails-former-abachi-business-associate/

2) BBC Jersey article dated 8th June 2011 - Jersey's Royal Court orders Raj Bhojwani to repay £26.5 million and for him to contribute to the Prosecution's costs:

Quote
$170m connected with the Abacha investigation has already been returned to Nigeria from Jersey and it is expected some of the confiscated money from Bhojwani will also be returned.

http://www.bbc.co.uk/news/world-europe-jersey-13699045

3) An article dated 11th August 2014 by step.org said that the US Department of Justice had been granted a confiscation order for "nearly half a billion dollars hidden in bank accounts around the world by the former Nigerian head of state Sani Abacha and his colleagues." Here are two relevant extracts from that article:

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The US court judgment is made up of USD303 million in two bank accounts in Jersey; USD144 million in two bank accounts in France; and three bank accounts in the UK worth at least USD27 million.

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Jersey has been cooperating in the hunt for Abacha's assets since before 2003, when it worked with the Nigerian government, the US authorities and countries across Europe to repatriate USD160 million of Jersey-held assets to the Nigerian authorities.

In June 2010, one of Abacha's confederates, Raj Bhojwani, was jailed for six years by Jersey's Royal Court. Bhojwani, an Indian national, had laundered GBP122 million of Abacha's illicit funds through a Bank of India account on the island. Some of this money was later confiscated and repatriated to the Nigerian government. However the latter's efforts to recover EUR175 million hidden in Liechtenstein by the Abacha family continued to be the subject of a long legal battle, though the Liechtenstein authorities agreed to confiscate the funds from the Abacha bank account.

http://www.step.org/us-authority-seizes-laundered-abacha-funds

4) Article dated 3rd December 2014 from premiumtimesng.com. Extract:

Quote
The State of Jersey, the biggest territory in the Channels Island, is set to return to Nigeria £315 million stolen by a former military head of state, Sani Abacha.

The Ballif of Jersey, Michael Birt, stated this at a dinner in honour of Nigerian High Commissioner to the UK, Dalhatu Tafida, during a State visit to the Island.

Mr. Birt, who doubles as the Island’s Civic Head of State and ceremonial head, is the highest ranking official in the Jersey order of precedence.

The Island, famous for its transparent banking services, had previously repatriated in two tranches £140 million pounds of the loot.

The money was laundered on behalf of Mr. Abacha by Raj Bhojwani, an Indian businessman.

http://www.premiumtimesng.com/news/top-news/172273-states-jersey-return-315-million-abacha-loot-nigeria.html

5) BBC Jersey article dated 13th July 2016 - Raj Bhojwani loses his case against the United Kindom at the European Court of Human Rights:

http://www.bbc.co.uk/news/world-europe-jersey-36783134

6) An article by Kelleher and Sugden on the Bhojwani case was published in the June 2011 edition of the Jersey & Guernsey Law Review and can be accessed from the link below. It contains some interesting background information about the legal grounds on which the Jersey prosecution tried to indict Mr Bhojwani.

For example, he was eventually convicted of 3 counts of money laundering contrary to article 34(1)(b) of the Proceeds of Crime (Jersey) Law 1999, which only came into force on 1st July 1999. Yet the two corrupt contracts with the Nigerian government which led to him laundering the proceeds through Jersey date to 1996 and 1997, when Jersey only recognised money laundering as an offence if it related to the proceeds of drug trafficking or terrorism.

So the prosecution instead claimed that he had committed the offence of misconduct in public office but Mr Bhojwani's defence successfully argued at the Royal Court that there was no evidence that such an offence was recognised in Jersey law. However, the Court of Appeal then overruled the Royal Court's judgment and decided that this offence was recognised in Jersey law after all. Paragraphs 23 and 24 of the Kelleher and Sugden article are noteworthy because the prosecution also identified bribery as a predicate offence in Mr. Bhojwani's case. Once again, Mr Bhojwani's defence argued that this offence was, like it claimed for misconduct in public office, unknown in Jersey law. However, the Royal Court sided with the prosecution. The Court of Appeal then overruled the Royal Court and "contended that the offence of bribery was not an offence known to the common law of Jersey" (paragraph 24).

https://www.jerseylaw.je/publications/jglr/Pages/JLR1106_Kelleher.aspx

These judgments were made nearly a decade ago. Is bribery still not recognised as an offence in Jersey or have the States enacted further legislation since then?  :-\
« Last Edit: August 09, 2016, 08:55:15 PM by Jerry Gosselin »

Offline boatyboy

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Re: The Bailiff, head judge, Jersey Justice and the Nigerian affair.
« Reply #2 on: August 11, 2016, 01:21:15 AM »

Well researched  Jerry, but the article quotes $287 million was held here one does wonder how much is left and if the confiscation fund is due to benefit if so by how much?

I suggest the Jeresy justice system has done quite well as has Deutsche Bank International not being  investigated or fined for taking the large deposit when all around were moving away from the  Nigerian General and his crooked friends.

bb