1.1 What authorities can prosecute business crimes, and are
there different enforcement authorities at the national and
There are no regional levels separate from the
national level in the Cayman Islands.
In terms of actual criminal prosecution, the
Director of Public Prosecutions (the
"DPP") is the Cayman Islands'
government's principal legal adviser on criminal proceedings
and is responsible for all criminal proceedings brought within the
Cayman Islands. The DPP can bring prosecutions in the Cayman
Islands Summary Court, Grand Court and Court of Appeal. The
DPP is also responsible for international cooperation on mutual
legal assistance and extradition matters.
The position of DPP was created by Section 57 of
the Cayman Islands Constitution 2009, with the islands' first
DPP appointed by the Governor on 1 May 2011. Criminal
proceedings were undertaken by either the Solicitor General's
or the Attorney-General's office prior to the creation of the
In terms of law enforcement authorities, the key
authority is the Royal Cayman Islands Police Service (the
"RCIPS"). Business crimes are
investigated by the Financial Crimes Unit (the
"FCU") of the RCIPS.
1.2 If there are more than one set of enforcement
agencies, please describe how decisions on which body will
investigate and prosecute a matter are made.
This is not applicable.
1.3 Is there any civil or administrative enforcement
against business crimes? If so, what agencies enforce the laws
civilly and which crimes do they combat?
The Cayman Islands Monetary Authority (the
"CIMA") is the sole financial services
regulator and has a function of both prudential supervision and
compliance by financial service providers with the anti-money
laundering regime. CIMA's regulatory enforcement powers
include the ability to suspend or remove directors, revoke licences
or impose conditions on a licensee, impose fines, appoint
controllers or auditors over a company and apply to the Court for
orders necessary to carry out its regulatory/supervisory functions
or to intervene in a liquidation. Financial service providers
will usually be licensed or registered by CIMA under a regulatory
law, under which certain offences may be technically regarded as
criminal offences, given the penalties they carry. Any
regulatory offence would be prosecuted by the DPP.
Any money laundering offence would also be
prosecuted by the DPP, under the Proceeds of Crime Law, 2008 (the
"PCL"). Under the PCL, the DPP is
permitted to bring civil actions for the restraint and seizure of
assets involved in money laundering, in addition to the ability to
bring charges and prosecute criminally.
This article appeared in the 2015 edition of The International
Comparative Legal Guide to: Business Crime; published by Global
Legal Group Ltd, London in October 2014. Click
here to view the publication's website.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
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