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So people here can defraud the Post Office, the US Government, the credit card companies and the big credit card companies and still get away with it! What the heck is going on?!
Watch the live broadcast: https://www.jcpc.uk/watch/jcpc-2021-0095/160724-am.html
Case number: JCPC 2021/0095
Jurisdiction: Court of Appeal of the Commonwealth of the Bahamas
Case Summary
question
Whether the Court of Appeal erred in dismissing the appeal against the order of the Supreme Court lifting the restraining order made pursuant to the MLA request.
fact
This appeal concerns the discharge of a restraining order dated 20 June 2017 (the “June 2017 Restraining Order”) which restricted CWI held $2,079,000 (the “Funds”) in two bank accounts at Royal Bank of the Bahamas (the “RBC” and the “RBC Accounts”). The funds were allegedly deposited into the RBC account via check deposits from an account operated by CWI International Investments Limited at Sun Trust Bank in the United States (“CWI Investments” and “Sun Trust”). The check deposits allegedly occurred in December 2015 and January 2016. On May 1, 2017, the United States Department of Justice (“DoJ”) filed a request pursuant to the Mutual Legal Assistance Treaty entered into on August 18, 1987 between the Commonwealth of The Bahamas and the United States of America (the “MLAT Request” and the “MLA Treaty”). The MLAT Request set out the following information that the DoJ believed to be required by law: The funds were the result of a fraudulent act against Boeing Shared Services Group (“Boeing”) of Boeing go through Mr. Reed and Mr. Valdez-Lopez. On June 19, 2017, the Attorney General Mr. Reid and Mr. Valdez-Lopez A restraining order was sought in June 2017, which was granted the next day by Judge Grant Thompson J.
The MLAT Restraining Order followed a restraining order made by Grant-Bethel J against the Fund on 26 May 2016 (the “May 2016 Restraining Order”). The May 2016 Restraining Order was made in anticipation of domestic criminal proceedings relating to the same alleged fraud committed against Boeing. The defendants in the May 2016 Restraining Order included CWI and certain of its officers. They sought to have the order lifted on the grounds (among other things) that the criminal proceedings had not been commenced within a reasonable timeframe. On 10 April 2018, Grant-Thompson J lifted the May 2016 Restraining Order on the grounds set out above.
The June 2017 restraining order was also discharged on 19 June 2019 by order of Grant-Thompson J. The judge held that the June 2017 restraining order should be discharged because it was based on exactly the same facts as the May 2016 restraining order and therefore amounted to an abuse of process within the meaning of Johnson v. Gore Wood (2002) 2 AC 1. The Attorney General appealed. On 14 September 2020, the Attorney General sought to join CWI as a defendant (the “Joint Application”). The Court of Appeal (Isaacs, Jones and Evans JJA) granted the Joinder Application on 10 December 2020.
On 16 March 2021, Mr King and CWI filed a preliminary notice of objection setting out a number of grounds on which they believed the AG’s appeal should be dismissed or dismissed. On 27 May 2021, the Court of Appeal (Isaacs, Jones and Evans JJA) upheld one of the grounds, that the AG breached its duty of full and frank disclosure in connection with the merger application process. In particular, the Court of Appeal found that the AG failed to draw the court’s attention to the fact that the MLAT request indicated that CWI Investments’ account at Sun Trust was closed on 23 January 2015 – i.e., nearly a year before the cheques were allegedly deposited from that account into the RBC account. The Court of Appeal refused leave to appeal on 19 July 2021. The AG now seeks leave to appeal from the Judicial Council.
Parties
appellant
Minister of Justice
Respondent
(1) Jonathan Reid, (2) David Valdez-Lopez
(1) Rudolf Kermit King, (2) International Women’s Day Celebration Ltd.
appeal
Chief Justice
Lord Reed, Lord Lloyd-Jones, Lord Hamblen, Lord Stephens, Lady Simler
Hearing starts date
July 16, 2024
Hearing End Date
July 16, 2024
| Watch Listening | ||
|---|---|---|
| July 16, 2024 | ||
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