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Provisional attachment of mortgaged property requires recorded...
Provisional attachment fails without material showing likely concealment, transfer, or dealing that could frustrate confiscation of mortgaged property.
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Provisional attachment of mortgaged property requires recorded material showing that proceeds of crime are likely to be concealed, transferred, or otherwise dealt with to frustrate confiscation. An interim restraint on creating third-party rights, without an auction notice under secured-recovery proceedings or an executable arbitral sale order, does not establish that statutory apprehension. The provisional attachment and its confirmation were set aside for failure to meet this condition, while the question whether the properties were proceeds of crime remained for separate proceedings. The properties continued to be subject to the final outcome of pending insolvency proceedings.
Provisional attachment of mortgaged property requires recorded material showing that proceeds of crime are likely to be concealed, transferred, or otherwise dealt with to frustrate confiscation. An interim restraint on creating third-party rights, without an auction notice under secured-recovery proceedings or an executable arbitral sale order, does not establish that statutory apprehension. The provisional attachment and its confirmation were set aside for failure to meet this condition, while the question whether the properties were proceeds of crime remained for separate proceedings. The properties continued to be subject to the final outcome of pending insolvency proceedings.
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