Diaz Reus & Targ LLP scored a stunning victory in the U.S. District
Court for the Southern District of New York this week on behalf of the
government of Venezuela, obtaining complete and final dismissal with
prejudice of a suit brought by Smith Rocke Ltd., a purported creditor in
the Lehman Bros. bankruptcy.
The suit was predicated on Smith Rocke's allegation that Venezuelan
government agencies had expropriated the company's entitlement to
payments from the Lehman Bros. bankruptcy estate worth more than $400
million. In a comprehensive opinion handed down by U.S. District Court
Judge Lorna Schofield, the Court soundly rejected all of the Plaintiff's
expropriation and conversion claims, and dismissed the suit with
Smith Rocke, a BVI company, is controlled by its Venezuelan shareholders
who were previously associated with a Venezuelan bank, Banco Canarias,
and another affiliated Venezuelan entity, Credican. Both Banco Canarias
and Credican were placed into receiership several years ago by
Venezuelan banking regulators. Shortly thereafter, Smith Rocke
facilitated an unauthorized "assignment" of the right to receive
payments from the defunct entities to Smith Rocke, in an effort to gain
control of assets valued in the hundreds of millions of dollars.
Regulators are seeking to recover these assets in order to satisfy
depositors and creditors of the failed financial institution.
"Once the Venezuelan government learned of the diversion of assets by
the Smith Rocke shareholders, they notified the Lehman bankruptcy
trustee so that no payments from the Lehman estate would be made to
them. That action resulted in the filing of this suit by Smith Rocke
against our client," said Diaz. "The problem for Smith Rocke, of course,
is that these shareholders never had a legitimate legal claim to these
assets, and now the court has told them so."
In addition to Diaz, the Diaz Reus legal team on this case also included
partners Chad Purdie, Gary Davidson, Brant Hadaway, and Carlos Gonzalez.
The case is Smith Rocke, Ltd. v. Republica Vliviariana De Venezuela,
No. 12 Cv. 7316 (LGS)., 2014 BL 20749 (S.D.N.Y. Jan. 27, 2014).
About Diaz Reus
Diaz, Reus & Targ, LLP (Diaz Reus) is a full-service international law
firm offering comprehensive legal services to U.S.-based and
international clients around the world. The firm's global reach extends
from its Miami, Fla., headquarters to its 12 international offices,
strategically located in dynamic business centers throughout Latin
America, the Middle East, and in Asia and Europe. For more information,
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