Civil Asset Recovery and Third-Party Claims

Overview
Civil recovery allows the State to pursue property it says represents the proceeds of unlawful conduct, without any criminal conviction and often against parties who have never been charged. Because these proceedings are directed at the asset itself rather than at a person, they can reach further than many expect. We defend respondents in non-conviction-based (in rem) recovery proceedings, challenging the State's case at each essential link for example, whether particular conduct was in fact unlawful, whether the property is genuinely recoverable, and whether the evidential threshold has truly been met.

We give particular attention to the position of those who acquired property honestly and for value. Spouses, family members, lenders and commercial counterparties are frequently drawn into recovery proceedings through no fault of their own, and we build and present the innocent-owner and bona fide purchaser cases that keep legitimate interests intact.

Recovery matters rarely respect borders. Drawing on our presence across eight Eastern Caribbean jurisdictions and our TerraLex network beyond the region, we coordinate asset tracing, evidence-gathering and enforcement responses wherever the property or the parties may be found