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Appellate Advocacy Keyed to Meador, 2nd Ed.
Van Cauwenberghe v. Biard
Citation:
486 U.S. 517 (1988)Facts
Petitioner Van Cauwenberghe, a Belgian real estate broker, encouraged respondent Biard, also from Brussels, to meet with Alan Blair in the United States to discuss a real estate investment. Biard agreed to lend $1 million to a partnership called Three B Investment Associates for renovating a townhouse complex. The partnership defaulted on the loan, and the mortgage proved worthless because the partnership never acquired title to the property. Van Cauwenberghe was subsequently indicted in California on wire fraud charges, extradited from Switzerland to the United States, convicted, and sentenced to time served plus restitution. One week before his criminal trial, Biard filed a civil RICO and fraud suit against Van Cauwenberghe and served him with process while he was reporting to his probation officer. Van Cauwenberghe moved to dismiss the civil suit on two grounds: (1) immunity from civil process as an extradited person and (2) forum non conveniens. The District Court denied both motions.
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