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Bank of Credit and Commerce International (Overseas) Ltd v Akindele : ウィキペディア英語版 | Bank of Credit and Commerce International (Overseas) Ltd v Akindele
''Bank of Credit and Commerce International (Overseas) Ltd v Akindele'' () (EWCA Civ 502 ) is an English trusts law case, concerning breach of trust and knowing receipt of trust property. ==Facts== The liquidators of BCCI sued Chief Labode Onadimaki Akindele, a Nigerian businessman, for $6,679,226 that he got in divestiture payments in 1988. ICIC Overseas Ltd, in the BCCI group, had agreed Akindele would buy shares in BCCI Holdings, and be guaranteed a 15% pa return for a $10m investment. BCCI in fact gave him $16.679m to do this, thus leaving $6.679 over. Akindele did not know this was part of a fraud scheme to enable BCCI Holdings to buy its own shares. The liquidator argued he was a constructive trustee, for both knowing receipt and knowing assistance. The liquidators argued his dishonesty could be inferred from his knowledge of the artificially arranged loan transactions and his unusually high interest rate of 15%. The High Court refused recovery and refused to find him dishonest.〔() BCC 669〕
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