Isle Of Man Residents Ordered To Answer Us Court

[Manx1Bloke]

A large number of IOM residents and also businesses involved in financial services have been 'ordered' by the IOM High Court to assist the US Securities and Exchange Commission (the SEC) by answering questions put to them by US lawyers.....all looks as though its nothing to worry about as Deemster Doyle says we will just be doing our bit to help....but what's going to happen if one or more of the people / businesses providing "assistance" later discover they have been implicated in Wire Fraud or some other US offence and get lifted to face trial in the USA?

I don't see that Deemster Doyle has negotiated any immunity from prosecution in return for the 'assistance' the locals are giving...how worried do you think the locally based Respondents should be?

 

http://www.gov.im/lib/news/courtservice/0024judgmentsumm.xml

 

http://www.gov.im/lib/docs/courtservice/PressRelease/ord120024judgmentsummary.pdf

 

 

http://www.judgments.im/content/J1238.htm

[carbon selector]

What price the occasional sacrificial lamb if it makes the Island look good?

 

 

For the avoidance of any doubt however I should make this jurisdiction's position crystal clear in respect of those who endeavour to use this Island to facilitate wrong doing.

....It is not the policy of this jurisdiction to support a concept of blanket confidentiality to cloak irregular financial dealings...

....Those endeavouring to make use of the equivalent of Harry Potter's invisibility cloak to prevent sight of information or documents regarding the proceeds of wrong doing will find, to their disappointment, that it does not work in this jurisdiction.

.....This jurisdiction does not exist to assist those who seek to evade their responsibilities to their wives.

.....This jurisdiction does not exist to assist wrongdoers to hide their assets or the proceeds of their wrongdoings.

.....This jurisdiction does not exist to assist those who seek to evade their creditors or their taxes.

.....This jurisdiction does not exist to assist wrongdoers to evade foreign courts, foreign insolvency officers or foreign regulatory authorities.

...It is the policy of this jurisdiction to assist parties, foreign courts, foreign regulatory authorities and foreign insolvency officers, where appropriate and subject to any suitable safeguards, in the provision of full information and documentation to enable a proper, just and fair determination of any issue or dispute in the principal jurisdiction of such issue or dispute."

 

 

 

I wonder did David do anything that could be construed as wrongdoing when he was wigging it with the rest of them along Athol Street.

 

Clearly not.

[John Wright]

The really interesting bit is that US law and procedure applies to these depositions and the evidence will be taken by US lawyers. In effect these are depositions. Under the US provisions there is ample defence against self incrimination

 

The International Convention dealing with evidence being taken in other jurisdictions is of long standing and I recall case 30+ years ago where evidence for use in an IOM case was taken on commission in Australia.

[Manx1Bloke]

So I would hope and expect that the various IOM Respondents are each given something formal and in writing confirming that whatever they say can't later be used against them, but I wonder will they??

[John Wright]

They are all represented, so I expect so, and there will be a Manx judge presiding so it won't be a free for all

[GD4ELI]

I see none of the Island's newshounds have picked up on this story.

[GD4ELI]

The really interesting bit is that US law and procedure applies to these depositions and the evidence will be taken by US lawyers. In effect these are depositions. Under the US provisions there is ample defence against self incrimination.

 

Isn't that when giving evidence before a judge though? I base this on my extensive legal knowledge gained while watching Ally McBeal (and not staring at Courtney Thorne-Smith).

[John Wright]

There will be a judge (called an examiner under the convention, and appointed by deemster Doyles order) presiding here in the IOM whilst the evidence is being being taken. Deemster Doyles judgement makes that clear

 

Depositions can be taken with or without a judge in the US, as I understand it, from the few US legal programmes I watch.

 

Only ever really watched Rumpole, or Crown Court, as I find as it so frustrating to see how wrong the portrayals and procedure are

[manxie44]

I see none of the Island's newshounds have picked up on this story.

They will have picked it up all right, and been told to keep it as quiet as possible, while 'Mastermind' Bell tries to find some way out of this latest one. Never-ending. Just what sort of reputation does the Isle of Man have ? No wonder the Gov are using the TT and MGP to 'Enhance' it. The events may have their problems, but the money they bring through the fans is honest money.

[GD4ELI]

Just what sort of reputation does the Isle of Man have ?

 

A very bad one. I have been unofficially advised to stay far away from using an IOM company or even having an address in the IOM if I want to sell to various NATO military organisations.

 

This bloody fiasco + Gas prices + inept COMIN members + <you name it> and all of a sudden retirement to Provence seems more attractive.

 

I would like to return to the rock but get the feeling that I would need to have my remaining brain cells tested first.

[hissingsid]

Newshounds! ha ha

[carbon selector]

64. The Order made on the 17^th April 2012 was as follows:-

1. That by 4pm on Friday 27 April 2012, counsel for the Claimant, for the Defendants and for the Respondents do file at Court an agreed schedule ("Schedule of Examinations") for the examinations to take place; such schedule to fall within the period 8 May 2012 to 31 August 2012.

 

Does anyone know if the examinations will be in open court and available to the press?

[slinkydevil]

 

A very bad one. I have been unofficially advised to stay far away from using an IOM company or even having an address in the IOM if I want to sell to various NATO military organisations.

 

This bloody fiasco + Gas prices + inept COMIN members + <you name it> and all of a sudden retirement to Provence seems more attractive.

 

I would like to return to the rock but get the feeling that I would need to have my remaining brain cells tested first.

 

NATO are livid with the gas prices here too. General Anders Fogh Rasmussen threw a right wobbler muttering comin members names under his breath when he saw the press release today.

 

Get you brain cells tested and post the results, I would really be interested.

[GD4ELI]

Newshounds! ha ha

 

So it seems. Squashed roadkill has more 'get up and go'.

[Mutley]

Reminds me of the Pirate Bay response re US law.