Asset Freeze

News & Analysis as of

Connecticut Collections: How to get paid if you are owed money? Part 2: Prejudgment Remedy ("PJR") [Video]

Collections in Connecticut - how to get paid if you are owed money? Collecting money owed to you or your company can be frustrating. When making a claim for damages in Connecticut, unlike in most other states, a plaintiff...more

SEC Settles With Apple Stock Day Trader

Apple stock is well known and popular among investors. It is also attractive to fraudsters who focus on the high tech giant’s shares for schemes. One scheme, for example, brought down New York brokerage Rochdale Securities...more

How to Avoid or Respond to Wire Transfer Fraud

Businesses are increasingly falling victim to wire fraud scams – sometimes referred to as “man-in-the-email” or “business email compromise” scams. Although there are multiple variants, a common situation involves an attacker...more

Good News: The Feds Can’t Freeze Your Assets to Stop You from Hiring a Lawyer

There are limits to what the government can take from you. The Supreme Court recently ruled that the Constitution forbids the government from freezing a defendant’s “untainted” assets in advance of prosecution. The ruling is...more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

Supreme Court Clarifies That Untainted Assets Cannot Be Frozen Pre-Trial By The Government

Last week the Supreme Court further clarified the procedures and limits regarding the government’s ability to freeze assets in connection with criminal prosecutions. Following the 2014 decision in Kaley v. United States,...more

Supreme Court Holds Sixth Amendment Right to Counsel Limits Pre-Trial Asset Freezing

Last week the Supreme Court in Luis v. United States, No. 14-419, 578 U.S. __ (2016) limited the government’s reach to freeze a criminal defendant’s assets before trial or other judicial proceedings. Justice Breyer, writing...more

You Can Pay Your Lawyer: Supreme Court Recognizes Limits on Pretrial Asset Restraints

Before the U.S. Supreme Court’s ruling last week in Luis v. United States, the government could freeze a criminal defendant’s assets before trial even if they bore no connection to the alleged crimes. With the ruling, if the...more

Supreme Court: Government Cannot Restrain Untainted Assets

Since the Supreme Court handed down its decisions in U.S. v. Monsanto, 491 U.S. 600 (1989) and Caplin & Drysdale, Chartered v U.S., 491 U.S. 617 (1989) is has been well established that a defendant’s Sixth Amendment right to...more

From Strength to Strength: Financial Sanctions

On 7 March 2016, the new Police and Crime Bill (the “Bill”) received its second reading in Parliament. The stated aims of the Bill are to bring consistency to all penalties across the UK financial sanctions regimes, increase...more

Supreme Court Update: Luis V. United States (14-419)

Here's a line-up you don't see in every (read: any) syllabus: "BREYER, J., announced the judgment of the Court and delivered an opinion, in which ROBERTS, C.J., and GINSBURG and SOTOMAYOR, JJ., joined. THOMAS, J., filed an...more

The Supreme Court - March 2016 #6

The Supreme Court of the United States issued one decision on March 30, 2016: - Luis v. United States, No. 14-419: Petitioner Sila Luis was charged with various health care related crimes. Pursuant to a federal...more

Supreme Court Rules Against Freezing "Untainted" Assets

In a ruling that could have far-reaching implications for criminal defendants’ right to counsel of their choice, the Supreme Court decided on March 30, 2016 that the government cannot freeze “untainted” assets that are not...more

English Law Jurisdictions Can Offer Effective Tools in Cross- Border Litigations

A client comes to you with a case that involves assets, documents, or information in England or an English-law based jurisdiction. Do you know what options you have and how to best leverage them?...more

European Union and United Kingdom Sanctions Update: March 2016

Below is a summary of developments since our previous update in January relating to European Union (“EU”) sanctions on Iran, Russia, Belarus, North Korea and other jurisdictions as well as highlights of recent changes with...more

Africa Update - March 2016 #2

Leading the News - Cote d’Ivoire - On March 13th, Al Qaeda in the Islamic Maghreb (AQIM) gunmen armed with assault rifles stormed the beach hotels in Grand-Bassam, a region population with Ivoirian and Western...more

Enhanced North Korea Sanctions Adopted

The United Nations Security Council (“UNSC”) approved a Resolution last week imposing new sanctions against North Korea in response to its recent nuclear and missile tests. This UNSC action follows the enactment of the North...more

The Day of North Korea Sanctions: the UN Imposes the Toughest North Korea Sanctions Yet While OFAC and State Designate More North...

After weeks of negotiations and a Putin-backed delay, the UN Security Council unanimously adopted resolution 2270 on March 2, 2016, imposing new sanctions against North Korea. According to U.S. Secretary of State John Kerry,...more

High Court Flexes its Muscles in Support of LCIA Arbitration

The English High Court has again demonstrated its willingness to exercise supervisory jurisdiction in support of arbitration proceedings by granting an anti-suit injunction and a freezing order against a party which started...more

Supreme Court Clarifies that Loans are to be Considered Part of the Defendant’s Assets for the Purposes of a Standard Form...

Case: JSC BTA Bank v Ablyazov [2015] UKSC 64 Introduction - A freezing order is an interim injunction that prevents a party to litigation from dealing with their assets until judgment (and on occasion, after...more

European Commission Releases Fact Sheet on Plan to Strengthen the Fight Against Terrorist Financing

On February 2, the European Commission issued a fact sheet regarding its plan to strengthen the fight against terrorist financing, posing and answering questions on topic areas including, but not limited to: (i) the measures...more

UK Financial Regulatory Developments - January 2016 #14

Treasury Committee publishes banking IT failure correspondence - The Treasury Committee has published correspondence between Andrew Tyrie, PRA, FCA and between him and RBS, HSBC and Barclays, relating to IT failures at...more

UK Financial Regulatory Developments - January 2016 #10

Treasury updates Iran sanctions - Treasury has issued a notice explaining the effects on sanctions against Iran of Implementation Day (I Day) under the Joint Comprehensive Plan of Action (JCPoA). I Day was 16 January, on...more

Implementation Day: Not Such a Special Day for U.S. Companies

After months of preparations, January 16, 2016 was “Implementation Day” – the day when the world’s sanctions on Iran were officially rolled back. On January 16, the International Atomic Energy Agency determined that Iran had...more

Banking Disputes Quarterly - Q4 January 2016

On the Horizon - Many nancial services rms employ more women than men in junior roles. But analysis shows that the chances of women progressing from middle to senior management roles are worse in the nancial services...more

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