Second Circuit Affirms ECBA Win, Requires Disclosure of Madoff Materials

The United States District Court for the Southern District of New York granted a second petition brought by Emery Celli Brinckerhoff & Abady to secure materials relating to the Madoff fraud for use in a Swiss criminal proceeding. Based on ECBA’s December 12, 2014 victory in the United States Court of Appeals for the Second Circuit, the Court held that the materials sought were appropriately subject to disclosure under 28 U.S.C. § 1782, a statute that permits discovery in the United States for use in foreign or international proceedings. The Court ordered immediate production of the materials, and a motion for a stay in the Second Circuit was denied. ECBA attorneys O. Andrew F. Wilson and Sam Shapiro litigated the case on behalf of a Swiss national.