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FROM MORGAN. LEWIS & BOCKIUS
07-JUN-1993 12:29
LEGOL DEPT
(TUE)06. 29'93 10:45/ST. 09:51/NO. 3560581446 P 6/7
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+ 952 669 8862
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As stated above, the proceedings against the Hong Kong and Shanghai Banking Corporation and the Standard Chartered Bank were brought in the United States District Court for the Southern District of New York. The lener of request came from that court under the same filc number. The heading on the summons and the order wakes reference to:
"In the matter criminal proceedings likely to be instituted in the
United States District Court for the Southern District of New York"
It is not in dispute that Ishler lives in Alabama, that the 20th Century Marketing Company is an Alabama Corporation and that at present a Federal Grand Jury in Alabama is carrying out an eriminial investigation of Ishler and 20th Century Marketing. It is the belief of the United States Law Enforcement Authorities that if the documents requested are obtained, it is likely that criminal proceedings will be instituted against ishler and 20th Century Marketing.
Mr Hamlin, who appears for the Crown Solicitor, says it is remotely possible that proceedings could be instituted in the United States District Court for the Southem District of New York but he does concode that the District Court of Alabama will in all probability be the venue for the criminal proceedings should they be lastituted. The facts point overwhelmingly to the Alabama Court being the venue. Mr Stone's submission is that in the circumstances the United States District Court for the Southam District of New York is the requesting court within the terms of s.75, but that it is not the court before which the likely proceedings will be instituted. In response to this, Mr Hamlin argues that the District Court of Alabama is "the requesting court" and that the court for the Southern District of New York has issued the letter of request on behalf of the District Court in Alabama.
There is nothing in any of the documentation to support this argument but it is submined that i should draw an inference that the District Court in New York was acting "on behalf of" the District Court in Alabama; and that I could then go on to find that the proceedings are likely to be instituted in the District Court of Alabania, it being the requesting court,
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