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Apr 18, 2016

….Damages to Be Assessed in the Millions

Michael Young

Now that the Supreme Court has ruled that the violations did take place, the issue of quantum of damages will be dealt with. Young says that his client will certainly be seeking relief – both on compensatory and vindicatory bases. At this point it’s only a matter of getting directions from the Court as to a date for assessment of damages. Young claims that in his opinion and that of the Court, G.O.B.’s representatives were inexperienced, overly hasty and misguided.

 

Michael Young, Attorney for Unicorn International Securities

“The case arises out of an Act…the Mutual Legal Assistance and International Cooperation Act of 2014 which is recent, and in relation to which the state does not have much experience. In fact the jurisdiction does not have much experience. And here it is as the judge points out in the judgment, that on the very day that the invasion of the business took place, that is when the team was briefed. So it was briefed I think at around eleven the morning, and the Judge refers to it in her judgment, and then that afternoon the raid takes place. The problem is that they were not properly advised, I would say, and indeed that is what the Judge is saying herself. There ought to have been a more circumspect preparation as to what should be done. The Judge sets out in fact in the judgment how perhaps they could have gone about carrying out the exercise. Fundamentally what was to happen here was that they were supposed to go to the offices and search for evidence that would be relevant in relation to the criminal acts that were alleged to have happened in respect of the United States, including the statutes that the companies were supposed to have broken and then look for evidence and in regard they would have needed some expert help as to what could sustain or relate to or support those offences which they were charged with in the United States. When you search and you find then you take and you determine how you will take…if you will take copies or you will take originals as the case may be, and then having carried out that exercise then you move things away from the office. What they did was the antithesis of that. They came in and they took all the documents…computers – even computers that contained personal information, and so it’s a case of a series of acts that were misguided on the part of the state which the state did at the behest of the United States.”

 

Young says that while he has no doubt the government will vigorously resist the claim, he is certain that it will be in the millions.

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