MAY 14 '92 19:45 CLIFFORD CHANCE HK 852 8104708
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comments on each others letters of resignation;
I prepared a letter to M. Monnet identifying and categorising the witness statements. Later on that afternoon we hand delivered the statements and the covering letter to M. Monnet.
(Annexure "B")
Attendance At Siméon Moguet, Borde & Associes 12.02.88
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We returned to the offices of Siméon Moquet & Borde and met with M. Siméon. I gave him a brief summary of the allegations and the history of the extradition proceedings to date. M. Siméon advised that it was important for us to base our new request on matters not initially before the Chambre. He told us that this is important so as to enable us to claim that the Court was misled or mistaken on the last occasion because its attention was not directed to all these new matters. He thought it was desirable to have French lawyers involved in this subsequent request.
On the following day we researched the French law on extradition and the Criminal Code (Code Penale). We reviewed Article 3 and 18 of the Code relating to abus de conflance and also Article 408 of the Code. It appeared to us that the Court had fallen into error in their judgment when analysing Article 408. We looked at complicité d'escroquerie and Articles 3, 19.
We gleaned from M. Monnet that the first request was too vague and general and that in the second request we should describe things more precisely and include more facts. Subsequently, we reconsidered offences of complidté d'escroquerie and the misleading documentation surrounding the US$138 and US$100 million loans.
We noted the position of the Minister of Justice and the fact that ultimately
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