R Allen Stanford v The Liquidators of Stanford International Bank Ltd

THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE ANTIGUA AND BARBUDA CLAIM NO: ANUHCV 2009/0149 IN THE MATTER OF STANFORD INTERNATIONAL BANK LIMITED (IN LIQUIDATION) and IN THE MATTER OF THE INTERNATIONAL BUSINESS CORPORATIONS ACT, CAP. 222 OF THE LAWS OF ANTIGUA AND BARBUDA and IN THE MATTER OF AN APPLICATION FOR THE GRANT OF PERMISSION TO THE ATTORNEYS·AT•LAW REPRESENTING R. ALLEN STANFORD IN CRIMINAL PROCEEDINGS IN THE UNITED STATES OF AMERICA TO ACCESS CERTAIN RECORDS OF STANFORD INTERNATIONAL BANK LIMITED BETWEEN: R. ALLEN STANFORD Applicant and THE LIQUIDATORS OF STANFORD INTERNATIONAL BANK LIMITED Respondents Appearances: Mr. Hugh Marshall and Ms. Kema Benjamin for the Applicant Mr. Craig Christopher and Ms. Nicolette Doherty for the Respondents 2011: July 15,18,29 November 15 JUDGMENT UPON APPLICATION filed herein on 8th June 2011 and Amended Application filed on 13th July 2011, the Applicant applied to the Court for an order permitting the Attorneys-at-Law representing the Applicant in criminal proceedings in the United States of America to access certain records of Stanford International Bank Limited under the supervision of the Liquidators UPON READING the Application and Amended Application and the Affidavits in Support thereof UPON HEARING Counsel for the Applicant and Counsel for the Respondents IT IS HEREBY ORDERED THAT:

1.The Liquidators of Stanford International Bank Limited (In Liquidation) are directed to permit the Attorneys-at-Law representing R. Allen Stanford in the criminal case of Cr. No. H-09-342­ 01-S in the United States of America, or their duly authorized agents, to access the following records of Stanford International Bank Limited (SIBL) under the supervision of the Liquidators, in so far as these records are available at this time or can be procured without significant cost outlays: (a) the records of deposits made by depositors, including the nationality and identity of the depositors; (b) payments of interest and principal sums; (c) the records of monies in and out of SIBL; (d) all documents on inflows and outflows of cash; monthly balance sheets; income statements; (e) (n (g) trial balances; • (h) documentation of all investments made by SIBL; (i) depositor information, including last name, country of origin, depositor application package, date of deposit inflow, deposit terms, principal and interest paid and balances on the date that the Receiver took over; 0} other documents determined to be relevant to the criminal proceedings against R. Allen Stanford in the United States of America.

2.The cost of photocopying or otherwise providing copies of the aforesaid records to the said Attorneys-at-Law shall be borne by the said Attorneys-at-Law or their client.

3.All other records, documentation and information required by the said Attorneys-at-Law, the procurement of which involves significant cost outlays (as determined by the parties hereto or in default thereof by the Court) shall be costed by the Liquidators and paid for by the said Attorneys-at-Law or their client prior to the procurement thereof.

4.Liberty to either party to apply.

Mario Michel

High Court Judge

THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE ANTIGUA AND BARBUDA CLAIM NO: ANUHCV 2009/0149 IN THE MATTER OF STANFORD INTERNATIONAL BANK LIMITED (IN LIQUIDATION) and IN THE MATTER OF THE INTERNATIONAL BUSINESS CORPORATIONS ACT, CAP. 222 OF THE LAWS OF ANTIGUA AND BARBUDA and IN THE MATTER OF AN APPLICATION FOR THE GRANT OF PERMISSION TO THE ATTORNEYS·AT•LAW REPRESENTING R. ALLEN STANFORD IN CRIMINAL PROCEEDINGS IN THE UNITED STATES OF AMERICA TO ACCESS CERTAIN RECORDS OF STANFORD INTERNATIONAL BANK LIMITED BETWEEN: R. ALLEN STANFORD Applicant and THE LIQUIDATORS OF STANFORD INTERNATIONAL BANK LIMITED Respondents Appearances: Mr. Hugh Marshall and Ms. Kema Benjamin for the Applicant Mr. Craig Christopher and Ms. Nicolette Doherty for the Respondents 2011: July 15,18,29 November 15 1 JUDGMENT UPON APPLICATION filed herein on 8th June 2011 and Amended Application filed on 13th July 2011, the Applicant applied to the Court for an order permitting the Attorneys-at-Law representing the Applicant in criminal proceedings in the United States of America to access certain records of Stanford International Bank Limited under the supervision of the Liquidators UPON READING the Application and Amended Application and the Affidavits in Support thereof UPON HEARING Counsel for the Applicant and Counsel for the Respondents IT IS HEREBY ORDERED THAT:

1.The Liquidators of Stanford International Bank Limited (In Liquidation) are directed to permit the Attorneys-at-Law representing R. Allen Stanford in the criminal case of Cr. No. H-09-342­ 01-S in the United States of America, or their duly authorized agents, to access the following records of Stanford International Bank Limited (SIBL) under the supervision of the Liquidators, in so far as these records are available at this time or can be procured without significant cost outlays: (a) the records of deposits made by depositors, including the nationality and identity of the depositors; (b) payments of interest and principal sums; (c) the records of monies in and out of SIBL; (d) all documents on inflows and outflows of cash; (e) (n (g) monthly balance sheets; income statements; trial balances; 2 • (h) documentation of all investments made by SIBL; (i) depositor information, including last name, country of origin, depositor application package, date of deposit inflow, deposit terms, principal and interest paid and balances on the date that the Receiver took over; 0} other documents determined to be relevant to the criminal proceedings against R. Allen Stanford in the United States of America.

2.The cost of photocopying or otherwise providing copies of the aforesaid records to the said Attorneys-at-Law shall be borne by the said Attorneys-at-Law or their client.

3.All other records, documentation and information required by the said Attorneys-at-Law, the procurement of which involves significant cost outlays (as determined by the parties hereto or in default thereof by the Court) shall be costed by the Liquidators and paid for by the said Attorneys-at-Law or their client prior to the procurement thereof.

4.Liberty to either party to apply. Mario Michel High Court Judge