Kernrechtsfrage
Whether a seizure may be maintained in view of a possible compensatory claim confiscation
Extrahierter Entscheid
Yes. The court held that a compensatory claim confiscation could not be excluded at this stage, so the seizure could remain in place.
Extrahierte Begründung
Compensatory claim confiscation is subsidiary to confiscation in kind and is governed by the same conditions. The court found it could not yet be excluded that the appellants had obtained an illicit benefit or that the operation concealed money laundering, so a benefit may have existed despite the claimed reversals of funds.