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Lars Bauer

EXTRADITION AND FOREIGN EVIDENCE: 28 USC 1782: Swiss party can use to obtain evidence - 0 views

obtainingforeignevidence.blogspot.com/...82-swiss-party-can-use-to.html

28-USC-1782 discovery decisions Weber_Finker

shared by Lars Bauer on 17 Jan 09 - Cached
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  • The Appellants are shareholders in Itera Group, Ltd., a Cypriot corporation, who all reside in Jacksonville, Florida (“Florida shareholders”).
  • The Florida shareholders appeal the Magistrate Judge’s April 15, 2008 Order granting in part and denying in part Galina Weber’s Motion to Compel Discovery, and thedistrict court’s May 20, 2008 affirmance of that Order.
  • Weber is a citizen of Switzerland and a resident of Monaco. Like the Florida shareholders, she is a shareholder of Itera Group.
  • ...4 more annotations...
  • Weber is involved with two separate foreign legal actions. Both involve business transactions with Itera Group. Weber is the plaintiff in a Cypriot civil action. She is also the defendant in a Swiss criminal action, which Itera instituted against her, alleging that she received property embezzled from the company.
  • Weber filed a civil lawsuit in Cyprus against Itera Group, the CEO of Itera Group, Igor V. Makarov, and Sweet Water Intervest Corporation, which is a British Virgin Islands corporation that Weber alleges is controlled by Makarov.
  • After Weber instituted the Cypriot action, Gas Itera, an Itera Group subsidiary, filed criminal charges against Weber in Switzerland, alleging that Weber embezzled Itera Group assets.
  • The Supreme Court held in Intel that discovery under § 1782 is not limited to discovery that would be allowed under United States law “in domestic litigation analogous to the foreign proceeding.” See Intel, 542 U.S. at 263, 124 S. Ct. at 2483.
  • Lars Bauer on 17 Jan 09
     
    The Eleventh Circuit in Weber v Finker ruled that a Swiss national can use 28 USC 1782, and is not limited to the Swiss-US mutual legal assistance treaty, for purposes of obtaining evidence in Swiss proceedings, which include a Swiss criminal proceeding.
Lars Bauer

Thailand Law Forum: Treaty Between the US and Thailand on Mutual Assistance in Criminal... - 0 views

www.thailawforum.com/...Treaty-Criminal.html

USA Thailand treaties legal-assistance criminal-law discovery 28-USC-1782

shared by Lars Bauer on 02 May 09 - Cached
  • The Treaty will not require further implementing legislation and will utilize the existing authority of the Federal courts, particularly 28 U.S.C. 1782.
Lars Bauer

KYC News Inc. - Community Message Board: Detail - Re: Critics Call Delaware a Tax Haven... - 0 views

www.offshorebusiness.com/message_board_detail.asp

28-usc-1782 evidence legal-assistance criminal-law tax-law memoranda

shared by Lars Bauer on 30 Jun 09 - Cached
  • Lars Bauer on 30 Jun 09
     
    "Below is a a Memorandum of Law that was used in an application for the appointment of a commissioner to collect evidence - pursuant to a request for judicial assistance from the United Kingdom - that was made at the U. S. District Court for the District of Kansas on July 1, 2008."
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