Booking Form

Discounts Offered: 10% off the total price for x3 or more people from the same organisation. Please contact training@comsuregroup.com for further information.

Not So 'Civil' Money Laundering

INTRODUCTION

Many directors and employees including the MLRO and MLCO focus on the criminal and regulatory risks associated with money laundering.  However, in the international finance centres (such as Jersey) where many clients are deemed to be HNW/VHNW, the main risk may be civil law claims that where a bank or financial institution is alleged to have assisted in laundering the proceeds of fraud or some other similar crime.

CORE TOPICS FOR THE DAY  

Directors and key persons should consider the costs of civil risks (some recent cases have exceeded £10 million) that include:

1. 1. LIABILITY FOR conversion, deceit, conspiracy, unlawful interference in trade, money had and received and the personal claim to reverse unjust enrichment
2. 2. EQUITABLE CAUSES OF ACTION, INCLUDING the liability of banks and financial institutions for the receipt of money paid away in breach of trust or fiduciary duty, as well as the liability of persons who assist in a breach of trust or fiduciary duty including dishonest assistance
3. 3. PROPERTY CLAIMS where the victim can assert continuing ownership of his property AND the circumstances in which a person whose property is misapplied may assert rights in substitute assets that were acquired with the proceeds of his property

CASES

1. Credit Agricole Corporation and Investment Bank v Papadimitriou
2. Nolan v. Minerva Trust & Others [2014] JRC 078A,
3. Fletcher-Wilson v Higuchi
4. Marchak et al v. JPMorgan Chase & Co. et al –  to the case examples

SPEAKER

Mike Preston is an Advocate and an English Solicitor, having practised in Jersey since 1993, and was appointed as a Crown Advocate in 2014. Mike is a Deputy Chair of the Jersey Employment and Discrimination Tribunal; a member of the Advocates’ and Solicitors’ Board of Examiners, having responsibility for the Civil and Criminal Procedure paper; a Bâtonnier Substitute, dealing with appeals in relation to Legal Aid Certificates and deputising for the Bâtonnier on ceremonial occasions; and, a member of the Senior lawyers’ Panel of the Guernsey Chambre de Discipline, the body responsible for dealing with complaints made against members of the Guernsey Bar.

In recent years Mike has appeared in many civil and commercial cases of note before the Royal Court and Court of Appeal. He is highly-regarded as a trial lawyer and has been involved in many of the more high-profile criminal cases that have come before the Jersey Courts.

In 2016 Mike set up Preston Legal about which you can read more at below

Read more http://www.prestonlegal.co.uk/

mike@prestonlegal.co.uk

EVENT DETAILS

• Venue: Pomme D'or Hotel
• Date: Thursday 2nd February 2017
• Registration Time: 12 Noon
• Start Time: 12:15
• Finish Time: 13:45
• Cost: £80.00 per person
• Discounts: 10% off the total price for x3 or more people from the same organisation
• CPD: 1.5 Hours - Certificates issued after the event