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Re: Europa-List: RE: (Without Prejudice)

Subject: Re: Europa-List: RE: (Without Prejudice)
From: Fred Fillinger <n3eu@comcast.net>
Date: Wed, 26 Oct 2005 08:55:32

<skyrider2@earthlink.net>
>
> I too, would like a shot at him in a US court.  So Keith,
> the gauntlet's been thrown down, wanna pick it up?
>

A quick google suggests that "insolvent trading" as a crime
is a British thing, popping up also in Australia and NZ, but
not in the U.S.  However, legal articles outside the U.S.
cite that it's typically very difficult to prove insolvency
in a small company as being known beyond a reasonable doubt
to the defendant, and further that his actions were done
with criminal intent.  As a civil matter in the U.S., on a
failed UK company, the case is a loser alone on the issue of
enforceability of a judgment, and there may be no "U.S.
nexus" for our courts' jurisdiction anyway.

Reg,
Fred F.



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