Actifs entachés in the Channel Islands: an analysis of the power of summary forfeiture

Jordan Gollop and Sam C. Brown

Journal of Money Laundering Control, 2026, vol. 29, issue 1, 37-52

Abstract: PurposeThis paper aims to analyse the core provisions of the Forfeiture of Assets (Civil Proceedings) (Jersey) Law 2018. It focuses on the effectiveness of a power of summary forfeiture against movable property in both the context of non-conviction-based forfeiture and Jersey’s alignment with international standards. The paper seeks to demonstrate the effectiveness of the power, how it has been challenged and how those challenges have been overcome. The paper highlights areas of potential reform to improve Jersey’s already established reputation in civil asset recovery, protect the services of international finance centres against abuse as a transit jurisdiction for illicit finance and enhance an increasingly important tool in the fight against financial crime in Jersey and beyond.Design/methodology/approachThe paper evaluates domestic case law up to the appellate level, exploring judicial analysis of the key provisions and principles to assess whether summary forfeiture achieves legislative objectives and meets international standards.FindingsThe effectiveness of summary forfeiture can be undermined by extensive litigation. Jersey has made significant contributions in this field, which supports the arguments in favour of civil forfeiture powers. The Jersey judgments have considered and resolved a wide range of complex issues relevant to coordinate forfeiture regimes. The structure of the Law could be changed to enhance both its domestic and international impacts.Originality/valueThe paper offers broader lessons for jurisdictions using non-conviction-based forfeiture and can be used to gain greater insights and awareness into how an international finance centre can enhance civil asset recovery as an alternative to conventional criminal justice measures.

Keywords: Asset sharing; Civil recovery proceedings; IFC; Non-conviction-based forfeiture (search for similar items in EconPapers)
Date: 2026
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.emerald.com/jmlc/article/29/1/37/13387 ... -Islands-an-analysis (text/html)
https://www.emerald.com/jmlc/article-pdf/29/1/37/1 ... c-08-2025-0151en.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-08-2025-0151

DOI: 10.1108/JMLC-08-2025-0151

Access Statistics for this article

Journal of Money Laundering Control is currently edited by Dr Paul Gilmour

More articles in Journal of Money Laundering Control from Emerald Group Publishing Limited
Bibliographic data for series maintained by Emerald Support ().