When a bank files a suspicious activity report and law enforcement withholds consent, a customer’s funds can sit frozen for years with no charge ever brought. The Royal Court of Guernsey’s decision in Neneb Pte. Ltd v HSBC Management (Guernsey) Ltd [2026] GRC 069 is a reminder that this is not a dead end. An account holder can go to court, put the provenance of the money in evidence, and, if it proves its case on the balance of probabilities, compel the fund holder to pay out.
Neneb Pte. Ltd, a Singapore company ultimately owned by the Mexican businessman Carlos Hank Rhon, invested in two Guernsey private equity structures administered by HSBC: Vintage I Secondary LP and HSBC European Private Equity Syndicate III (HEPES III). In June 2016 HSBC’s Money Laundering Reporting Officer filed a suspicious activity report (SAR) with the Guernsey Financial Intelligence Unit (the FIU), prompted by historic adverse media suggesting that Mr Hank Rhon might have been involved in money laundering, bribery and corruption.
With a SAR on file and the FIU declining consent to release the money, HSBC stopped paying distributions. Declared but unpaid sums ran to roughly USD 1.7m in Vintage I and EUR 4.1m in HEPES III. Neneb brought a private law action in the Royal Court. By the time of trial the parties had narrowed the dispute to a single question: the provenance of the funds. HSBC adopted a neutral position, assisting the court as amicus curiae rather than contesting the claim.
The claim was brought under the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law 1999 (the POC Law), which defines criminal property broadly as property constituting or representing a person’s proceeds of criminal conduct, whether directly or indirectly. The architecture of the regime is familiar across the Channel Islands: a financial institution that suspects it holds criminal property protects itself by disclosing to the FIU and seeking consent before dealing with the funds. Absent consent, it is caught between its customer and the risk of committing a money laundering offence.
The Royal Court drew the governing principles together from a line of authority culminating in Abdullayev [2025] GRC 069. The key points are these:
A notable feature of Guernsey procedure also shaped the decision. Under the Royal Court (Reform) (Guernsey) Law 2008, the presiding Judge rules on the law while the Jurats are the sole judges of fact. Here the Judge directed the Jurats and then delivered their unanimous findings on provenance.
The Jurats found, on the balance of probabilities, that the invested funds were not and did not represent the proceeds of crime, and the court made a declaration to that effect. HSBC was ordered to pay the distributions currently due and any future distributions, in accordance with the agreed investment terms, within 28 days.
The reasoning turned on the quality of the evidence. The money was traced to the 2004 sale of Mr Hank Rhon’s shareholding in Laredo National Bancshares to BBVA, a roughly USD 850m transaction subject to United States Federal Reserve approval, with USD 300m wired into the relevant HSBC account in May 2005 and no external funds introduced thereafter before the investments were made. By contrast, the SAR rested on historic media reports; it did not particularise which funds were tainted, what crime had been committed, or when and where, and none of the allegations had led to any criminal investigation or prosecution. The court also noted the FIU’s own position by 2026: consent was refused only because there was no longer a law enforcement interest, leaving the bank to risk-assess the matter itself.
To discuss matters raised in this article, please contact the F&F LLP Dispute Resolution Team – Rebekah Johnston, Richard Harrington, Robin Gist, Aimee Brown, or Kirsty Hart.