INTERNATIONAL JUSTICE/ Miami - Dade, EE.UU.
Trial in the Eleventh Judicial Circuit Court of Miami Dade County, Florida USA
Judge John W. Thornton ruling, on the Trial Isaias vs. Ecuadorian Government in Miami


Isaias win trial against Ecuador in Miami
The Thornton court ruled that the decision of the AGD was not a judgment and rejected the confiscatory attempt of Ecuador, granting the motion for summary judgment requested by the Isaias defense counsel: "Without a sentence that determines responsibilities, and which is valid under U.S. law, any attempt by Ecuador to seize property of the Defendants in the U.S. would be inconsistent with the laws and regulations of the U.S. “.
The AGD seeks to convert an administrative act into a judicial ruling

In 2009, the Ecuadorian State, through the Deposit Guarantee Agency (AGD), filed suit in the Eleventh Judicial Circuit Court, of Miami-Dade County, Florida, United States of America, against the brothers Roberto and William Isaias, for the purpose of enforcing Ecuador’s Resolution No. AGD-UIO-GG-2008-012 of the AGD whereby assets and businesses estimated at one billion dollars were confiscated, on July 8, 2008.

Counsel for the AGD informed the court in Florida that said Resolution was equivalent to a final judicial ruling because the General Manager of the AGD is a "Judge" on these matters and that said Resolution was not subject to review. That’s how they tried convert an administrative act into a final judgment and omitted the fact that the reason the resolution was not subject to review was because Article 2 of Mandate 13, threatened any Ecuadorian judge who dared to hear an appeal on the matter with impeachment and imprisonment.

The case concluded with a ruling in favor of Roberto and William Isaias and against the Ecuadorian State. The sentence was handed down by Judge John W. Thornton and the parties were notified on May 20, 2013.
Similar suits made by Saddam Hussein and Fidel Castro
Judge Thornton’s decision mentioned some relevant judgments against Saddam Hussein’s regime in Iraq and Fidel Castro’s in Cuba, citing their attempts to seize U.S. assets belonging to the dynasty of King Faisal and Sabbatino a Cuban citizen, respectively. Judge Thornton equates these oppressive regimes to the confiscatory attempt of the AGD against the Isaias brothers in Miami, as follows:

"In general, several factors must be considered in an analysis of territorial limitation. First, U.S. courts are justified in refusing to execute a confiscatory decree issued by a foreign country, because that foreign country intends to act beyond its territorial domain. Second, U.S. Courts have the authority to consider the political relationship between sovereign states in deciding whether or not to enforce an act of a foreign country that amounts to a confiscatory act. Third, the U.S. Courts have been reluctant to enforce acts issued by foreign states that violate the U.S. Constitution and do not justify appropriations without just compensation. Therefore, although the doctrine of state action prohibits this Court from declaring this resolution ineffective in Ecuador, this Court is not precluded from refusing to enforce such acts in this jurisdiction”.
Judge John W. Thorton: “The AGD Resolution is not a judgment”
The judge in Florida stated that the AGD’s resolution was not a judgment and rejected the confiscatory attempt by Ecuador, granting the motion for summary judgment in favor of the Isaias brothers, as follows:

"As already stated, Ecuador is not seeking to execute a judicial sentence. Without a sentence that determines responsibilities and which is valid under U.S. law, any attempt by Ecuador to seize property from the defendants in the U.S. would be inconsistent with U.S. laws and regulations. Furthermore, Ecuador eliminated the defendants’ right to challenge the Resolution 1084, Article 29 by enacting the Article 2 of Mandate 13, which violates several of the most fundamental pillars of U.S. laws and regulations, including due process, judicial review and judicial independence to act with fairness and impartiality”.

Judge Thorton’s harsh tone in describing Ecuador’s acts in this case should be noted.

LINKS:
http://www.eluniverso.com/noticias/2013/06/11/nota/1012041/isaias-ven-fallo-eeuu-como-victoria



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