The case of the day is Furstenberg Finance SAS v. Litai Assets LLC (11th Cir. 2017). Furstenberg brought an application under § 1782 for leave to serve a subpoena on Litai for use in prospective proceedings in Luxembourg against Dr. Jean-Michael Paul. The judge granted the application, and Furstenberg issued the subpoena. Litai then moved to quash. The court denied its motion, and Litai appealed.
Tagged: 1782, Luxembourg
The case of the day is In re Accent Delight International (2d Cir. 2017). Accent Delight and Xitrans Finance Ltd. were BVI companies owned by Dmitry Rybolovlev’s family trusts. Rybolovlev was a Russian national who resided in Monaco. Yves Bouvier was a Swiss national who dealt in fine art through MEI Invest Ltd., a Hong Kong company he controlled. Bouvier brokered Rybolovlev’s purchase of $2 billion in artworks, including paintings by Picasso and van Gogh. In 2014, the New York Times reported that Sotheby’s had sold Leonardo da Vinci’s Christ as Salvator Mundi for $75 or $80 million in 2013, which was allegedly a surprise to Rybolovlev, who claimed he had purchased the painting through Bouvier the same month for $127.5 million!
The case of the day is In re MTS Bank (S.D. Fla. 2017). MTS was a creditor of Transaero, a Russian firm that was subject to bankruptcy proceedings in Saint Petersburg, Russia. MTS’s investigation suggested that Transaero had defrauded creditors. Alexander Krinichanskiy was a former Transaero executive. He owned real property in Florida and had a car registered there, and he had a Florida telephone number. MTS brought a 1782 application in aid of the Russian proceedings seeking to serve a subpoena on Krinichanskiy, who moved to quash. There were several issues, but the only one I want to consider is whether Krinichanskiy was “found” in Florida, as the statute requires.