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ENFORCEMENT OF JUDGMENTS IN PRACTICE

ENFORCEMENT OF JUDGMENTS IN PRACTICE. OVERVIEW SOME SPECIFIC CASES: IN RE CODELCO IN RE THE KUWAITI INVESTMENT AUTHORITY KILDERKIN V. PLAYER IN RE THE CAYMAN ISLANDS SHIPS REGISTRY MONTESINOS WARRANTS IN REM: IN RE CRUZ LONDONO; IN RE LEON AND FOUR OTHERS IN RE FALCONE. CONCLUSIONS.

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ENFORCEMENT OF JUDGMENTS IN PRACTICE

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  1. ENFORCEMENT OF JUDGMENTS IN PRACTICE • OVERVIEW • SOME SPECIFIC CASES: • IN RE CODELCO • IN RE THE KUWAITI INVESTMENT AUTHORITY • KILDERKIN V. PLAYER • IN RE THE CAYMAN ISLANDS SHIPS REGISTRY • MONTESINOS • WARRANTS IN REM: IN RE CRUZ LONDONO; IN RE LEON AND FOUR OTHERS • IN RE FALCONE

  2. CONCLUSIONS • NEED TO OBSERVE DUE PROCESS BUT ACT QUICKLY • CORRUPTION STRONG CASE FOR IN REM PROCESS OF RECOVERY • VOLUNTARY EARLY DISCLOSURE AS PRECUSOR TO A FORMAL REQUEST • PUT BANK ON NOTICE- CONSTRUCTIVE TRUSTEESHIP, OTHER LIABILITIES • TIPPING OFF PROHIBITTED • BEWARE THE COSTS IMPLICATIONS- STATE SHOULD HAVE IMMUNITY WHEN SEEKING TO ASSIST FOREIGN STATE IN BONA FIDE EFFORT TO ENFORCE THE CRIMINAL LAW • FROZEN ASSETS MAY BECOME DEFENDANT’S WAR CHEST • LAWS SHOULD ALLOW REPATRIATION FOR RESTITUTION • NOT CONFISCATION TO LOCAL REVENUE • DEVELOP PRACTICAL PROTOCOLS FOR MUTUAL LEGAL ASSISTANCE TO SAVE TIME, EFFORT AND COSTS

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