Malta: Landmark Money Laundering Judgment As Freezing Order Request For Former Pilatus Bank Official Denied

On 23 September, Lovin Malta reported that Pilatus Bank’s former head of compliance and legal Claude-Ann Sant Fournier was charged with money laundering along with the bank itself.  The prosecution, as it typically does in these cases, asked the court to freeze her assets, as well as those of the bank.  She argued that the only funds found her account were deposits from her salary, and therefore the request to freeze her money amounted to a “vexatious” request.  The Magistrate ruled in favour of the defence and the Attorney General’s Office promptly filed an appeal in front of the Court of Criminal Appeal, and the Court of Appeal has now upheld the decision. This is said to be the first time a Maltese court has declined a freezing order against someone charged in their personal capacity and the decision confirmed on appeal.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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