Courts seize foreign assets of Torrent guy, deny appeal
Judge Henry Floyd dissented. He argued that because the defendants' assets were located outside the U.S., under the Constitution, American courts had no jurisdiction over the dispute.
"Absent control, no order of the district court can be binding on the res [the assets in question] because the fate of the res is ultimately not in the hands of the district court. Instead, the res in this case is subject to the control of the courts of New Zealand and Hong Kong," Floyd wrote. He noted that Dotcom already persuaded New Zealand courts to release about $5 million for living expenses and legal fees, without any authorization from the U.S. courts.
Read more: http://www.politico.com/blogs/under...m-dotcom-loses-us-appeal-226951#ixzz4H8d8htBN
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How can the US seize assets not located in the US?
Judge Henry Floyd dissented. He argued that because the defendants' assets were located outside the U.S., under the Constitution, American courts had no jurisdiction over the dispute.
"Absent control, no order of the district court can be binding on the res [the assets in question] because the fate of the res is ultimately not in the hands of the district court. Instead, the res in this case is subject to the control of the courts of New Zealand and Hong Kong," Floyd wrote. He noted that Dotcom already persuaded New Zealand courts to release about $5 million for living expenses and legal fees, without any authorization from the U.S. courts.
Read more: http://www.politico.com/blogs/under...m-dotcom-loses-us-appeal-226951#ixzz4H8d8htBN
Follow us: @politico on Twitter | Politico on Facebook
How can the US seize assets not located in the US?
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