Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “British Virgin Islands

Case of the Day: Richardson v. Attorney General of the BVI

Posted on August 30, 2013

The case of the day is Richardson v. Attorney General of the British Virgin Islands (D.V.I. 2013). Meaghan and Cyril Richardson were passengers on a powerboat that was stopped by a BVI customs official, who claimed that they were in BVI waters (the Richardsons claimed they were in US waters) and ordered them to leave their vessel and board his. They claim that the customs official operated the boat unsafely and that they suffered injuries. They sued the official, Randy Donovan, in his individual capacity, and the Attorney General of the BVI in his official capacity. The Richardsons sought a default judgment when the BVI failed to appear. The judge held that the BVI was a political subdivision of the United Kingdom and therefore…

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Case of the Day: In re Fairfield Sentry Ltd.

Posted on June 20, 2013

The case of the day is Morning Mist Holdings, Ltd. v. Kenneth Krys (In re Fairfield Sentry Ltd.) (2d Cir. 2013). Sentry was a British Virgin Islands company and the largest “feeder fund” that had the misfortune to invest with Bernard L. Madoff Investment Securities LLC. Sentry had invested 95% of its assets, or more than $7 billion, with Madoff. Talk about diversification to reduce management risk! Sentry’s registered office, registered agent, secretary, and corporate documents were in the BVI. The fund was managed by Fairfield Greenwich Group in New York. Sentry’s three directors, Walter Noel Jr., Jan Naess, and Peter Schmid, lived in New York, Oslo, and Geneva. After Madoff’s arrest, Naess and Schmid suspended all share redemptions (Noel, who was a principal…

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Case of the Day: In re Carthage Trust

Posted on February 26, 2013

The case of the day is In re Carthage Trust (C.D. Cal. 2013). I love this case (even though the judge got it wrong)! The plaintiff was Schuyler Moore. Two of the defendants were Grasselle S.A., a British Virgin Islands company, and Philip Egglishaw, a British national residing in Switzerland. Moore sued them and others in the Los Angeles County Superior Court. Grasselle and Egglishaw removed the case to the Central District of California and moved to dismiss for insufficient service of process. Moore had attempted to serve Grasselle by mailing the petition (return receipt requested)—but not a summons—to a post office box on the British Virgin Islands, even though Grasselle’s registered agent for service of process and Grasselle’s registered office were at a…

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