United States v. Mohammed Sani Abacha. [2014] EWHC 993 (Comm) [2014]
N/AOUTCOME: (See narrative)
Mr. Smith submitted his expert opinion on American forfeiture law on behalf of Blue Holding, Ltd., in a proceeding by the United States seeking a continuation of a restraint order previously entered ex ... parte by another justice of the High Court of Justice, Queen’s Bench Division, Commercial Court, freezing over $100 million in U.K. banks; while Justice Field accepted Blue Holding’s argument that the U.S. civil forfeiture proceeding based on the money laundering laws was “penal” in nature, and therefore would not be enforced under the common law, he held that an application to continue a freeze order is “not an application to enforce a foreign judgment but to continue an order designed to hold the ring until a judgment in the US Claim can be lawfully enforced under the 2005 Order” and that it was “expedient” to continue the Freezing Injunction; this is the largest case ever brought by the U.S. Justice Department as part of its “Kleptocracy Initiative.”
