The publication “The Beauty Queen Case: Non-Conviction Based Forfeiture across Borders” examines the fate of assets held in a trust in Guernsey. The account’s beneficiary was María Marcela Serrano Camacho, a Colombian model and former beauty queen, previously convicted for her role in concealing illicit proceeds.

On 30 November 2023, a Colombian court ordered the non-conviction based forfeiture of the trust funds amounting to GBP 361,146, determining that they constituted proceeds of crimes linked to the activities of the well-known drug trafficker Efraín Hernández (“Don Efra”). The judgment became final in January 2024.

The enforcement of the decision was made possible through international cooperation with the jurisdiction of Guernsey. In September 2024, the Royal Court of Guernsey registered and enforced the foreign forfeiture order, and on 30 January 2025, the parties concluded an asset sharing agreement. This case marked the first time Colombia successfully recovered assets from abroad under a non-conviction based forfeiture regime.

A distinctive feature of the case was the application of an in rem forfeiture mechanism, targeting the asset rather than the individual. This approach enabled the recovery of assets decades after the underlying criminal conduct, despite the conclusion of criminal proceedings and the death of one of the key individuals involved.

The study provides a detailed analysis of how cooperation between authorities in both jurisdictions enabled the identification, freezing, forfeiture and repatriation of the assets. It also outlines the legal mechanisms for the recognition and enforcement of foreign forfeiture orders and highlights the following key takeaways:

• Early and trust-based international cooperation is decisive;
• Non-conviction based forfeiture is indispensable when criminal routes are closed;
• Identifying beneficial ownership is central to effective asset recovery;
• Direct enforcement of foreign forfeiture orders increases efficiency and legal certainty;
• Asset sharing agreements strengthen cooperation incentives.