Defending U.S. Citizens and Corporations in Cross Border Proceedings, Extradition, Mutual Assistance, and Asset Seizures: A French Perspective

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Sunday, August 1, 1999
Author: 
Francois Serres and Miss Elodie LeGal
Volume: 
15
Issue: 
8
341-344
Abstract: 

The small number of cases related to asset forfeiture made them all the more interesting. The validity of a search and seizure measure in execution of an international rogatory letter shall only be challenged before the requesting State’s courts. Therefore, the third party, subjected to the said measure, is not entitled to challenge its validity before any requested State’s examining jurisdiction. A judgment issued by the “tribunal de Grande Instance” of Paris on March 8, 1988 appears to be particularly relevant since it underlines the effectiveness of the power of international letters rogatory when legally issued.