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Athena Capital Fund Sicav-Fis Sca & Ors v Secretariat of State of the Holy See (Rev1) [2025] EWHC 355 (Comm) (21 February 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

Executive Summary

  • The Holy See (the State) invested US$200.5 million borrowed from Credit Suisse and Banca Svizzera Italiana into Athena Capital’s sub-fund, Athena GOF, focusing on luxury property development in London’s Royal Borough of Kensington & Chelsea.
  • The State initially held a 45% indirect interest in the property at 60 Sloane Avenue, later acquiring full ownership in 2018 before exiting in 2022.
  • The investment was unsuccessful, raising questions about the State’s expertise and decision-making in commercial finance and property.
  • Litigation arose between the State and four Claimants, including fund manager Raffaele Mincione, alleging conspiracy and breach of duty linked to transactions and involving Italian businessman Gianluigi Torzi.
  • Parallel criminal proceedings in the Vatican tribunal have convicted Mincione for 2013-14 events; appeals and UN human rights complaints are ongoing.
  • The English High Court is adjudicating contractual disputes under exclusive jurisdiction clauses, with 31 declarations sought by Claimants.

Sanctions Highlights

  • Sanctions implications are present due to the involvement of UK and US jurisdictions in financing and property transactions.
  • The borrowing from Credit Suisse and Banca Svizzera Italiana, both international banks, may trigger scrutiny under UK and US sanctions regimes (matched: bis).
  • The State’s investment and subsequent property dealings in London expose it to regulatory compliance risks amid evolving sanctions on financial flows and real estate.
  • No direct sanctions against the Holy See, but indirect exposure through financial intermediaries and cross-border transactions.

Emerging Risks

  • Reputational risk for the Holy See due to involvement in complex commercial borrowing and luxury property investment, inconsistent with its religious governance role.
  • Legal risk from ongoing and future litigation, including criminal proceedings and appeals involving key individuals.
  • Financial risk from mismanagement and lack of expertise in investment decisions, potentially leading to further losses or liabilities.
  • Potential regulatory risk from UK and US authorities monitoring cross-border financial transactions linked to sanctioned entities or jurisdictions.

Geopolitical Impact

  • The case highlights the intersection of religious governance (Holy See) with international finance and property markets in the UK.
  • UK courts assert jurisdiction over disputes involving the Holy See, reflecting the UK’s role as a global legal and financial hub.
  • US and UK sanctions frameworks influence the oversight of financial transactions involving the Holy See and related parties.
  • Libya is mentioned in the context of a prior investment proposal (oil sector), indicating broader geopolitical considerations in resource-rich regions.

Economic Intelligence

  • The Holy See’s borrowing of over US$200 million and investment in high-value London real estate underscores its engagement in significant commercial finance.
  • The property at 60 Sloane Avenue was positioned for luxury redevelopment with apartments priced at £27.5 million+, reflecting high-end market dynamics.
  • The State’s exit in 2022 marks a financial retreat after failed investment, with potential losses and write-downs.
  • The involvement of multiple international financial actors and fund managers illustrates complex capital flows and asset management challenges.

Strategic Recommendations

  • The Holy See should enhance financial governance and expertise to manage future investments, avoiding overreliance on external advisors without adequate oversight.
  • Conduct thorough compliance reviews of all cross-border financial transactions to mitigate sanctions and regulatory risks.
  • Engage independent financial and legal advisors to assess and restructure existing investments and pending litigation exposure.
  • Increase transparency and communication regarding investment activities to manage reputational risks within religious and international communities.
  • Monitor ongoing criminal and civil proceedings closely to anticipate and mitigate further legal and financial consequences.

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**Source Notes:**

Sanctions Intelligence Digest

[https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/355.txt](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/355.txt)

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