Abacha US civil forfeiture case - Doraville Properties Corporation (Jersey/United States/Nigeria)

Legal proceedings initiated by United States using non-conviction based authorities and sustained cooperation between law enforcement in both jurisdictions enabled a successful resolution of pending cases and asset return.

The civil asset forfeiture complaint filed in November 2013 and unsealed in March 2014, "seeks to forfeit bank accounts and investment portfolios with funds located in Bailiwick of Jersey, France and the United Kingdom. On Feb. 25 and 26, 2014, U.S. arrest warrants for the assets were enforced in Jersey and France though mutual legal assistance requests and in the United Kingdom through litigation brought pursuant to the U.K. Civil Jurisdiction and Judgments Act."

The US filed a complaint to forfeit using non-conviction based forfeiture in 2014 against $625 m in funds embezzled by former Nigerian Dictator Sani Abacha which moved through US correspondent accounts to financial institutions abroad including $311.8 m in the Bailiwick of Jersey, $144 m to France and $27 million to the UK.  Only one claim was filed against $480 m of the funds which was stricken for lack of standing which led to the forfeiture of $480 m in 2018.  The stricken claimant appealed over the course of several years.  When all appeals were final, the US then sought enforcement of the final order against assets abroad for which there was no claim by MLA requests. 

In Jersey, the Courts enforced the US court order against accounts there and forfeited approximately $311.7 m in 2019.  In February 2020, the US, Jersey and Nigeria entered into the agreement consistent with GFAR principles described above to return these total funds to Nigeria.  In mid- 2021, the UK enforced the US order against approximately $27m in its financial institutions.  When the UK order is final, the negotiations over the disposition of the funds will be concluded with Nigeria. The enforcement of the US order against $144 million in assets is pending in French Courts.   Most of the remaining funds totalling approximately $177 million are subject to ongoing US litigation of claims filed by relatives of Abubakar Atiku Bagudu.   

As to the first $311.7 million was finally forfeited. Enforcement of an order against an additional $27 was not quite final; as to other accounts pending, as of the time of reporting in 2021.