You may be able to use 28 U.S.C. § 1782 to perform asset searches connected to your foreign: divorce; dispute over a will; financial fraud claim; etc. This is true because pursuant to 28 U.S.C. § 1782, the U.S. District Court can allow you to serve subpoenas in the U.S. in furtherance of lawsuits in a foreign land. You would serve these subpoenas on U.S.-based witnesses with knowledge of the assets. One subpoena based on 28 U.S.C. § 1782 is supplied at my October 18, 2017 post “Asset Searches In the U.S. Because of Lawsuits Outside The U.S.” Based on 28 U.S.C. § 1782, the U.S. District Court also allowed service of a subpoena upon J.P. Morgan Chase Bank, N.A. in New York City. On January 3, 2018 the U.S. District Court issued its Order authorizing issuance of this subpoena in the case known as In Re Application of Shanghai Xiaosheng Industrial Investment Co. LTD.
According to court filings, Shanghai Xiaosheng Industrial Investment Co. LTD., (“Shanghai”), needs evidence from J.P. Morgan Chase Bank, N.A. to frame a lawsuit it will file in China against 9th Base Investment Limited (“9th Base”). Shanghai was reportedly defrauded out of more than $31 million US dollars by 9th Base. On or about October 12, 2015 Shanghai allegedly transferred yen valued at $31 million US dollars out of China into 9th Base’s New York bank account at J.P. Morgan Chase Bank, N.A. Shanghai apparently transferred the $31 million as part of a deal in which Shanghai was suppose to eventually acquire 28.57% of Kailai Oil & Gas Holdings, Ltd., which develops oil & gas in Papua, Indonesia. Shanghai alleged that 9th Base fraudulently induced Shanghai to transfer the $31 million &/or that 9th Base was unjustly enriched by the $31 million dollars. To learn more about Shanghai’s allegations against 9th Base, read the December 20, 2017 Declaration of Shen Jinrong available below.
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Copyright 2018 Fred L. Abrams