A federal appeals panel has found that it cannot enforce a $6.8 million criminal judgment in favor of the Brazilian government in a Brazilian court because the so-called penal law rule prevents it from enforcing other nations’ criminal laws.
The unanimous panel of the U.S. Court of Appeals for the Second Circuit ruled Monday in United States v. Federative Republic of Brazil, 12-4601-cv, that Brazil can seek to recover the money under 28 U.S.C. §2467, which allows a foreign judgment creditor to ask the U.S. Attorney General to enforce it on its behalf under certain circumstances.
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