11-Year Litigation Over Bahia Emerald
Law, disrupted｜法律访谈
John is joined by John Nadolenco, Managing Partner of Mayer Brown’s Los Angeles office and Kelly Kramer, partner in Mayer Brown’s Washington, D.C. office. They discuss how John and Kelly won an eleven-year legal battle over the Bahia Emerald, the largest emerald in history. The 789-pound gemstone was illegally mined in Bahia, Brazil and smuggled into the U.S. The emerald first entered the U.S. in San Jose, California where the importers falsely declared it to be a piece of concrete with no value. It later surfaced in New Orleans during Hurricane Katrina, was transported several more times, and was eventually seized in Las Vegas by the Los Angeles County Sheriff’s Department in 2014 when one party seeking to claim the emerald reported it stolen. This led to an action in Los Angeles Superior Court to determine the rightful owner. When news accounts of the action reached Brazil, the government contacted John and Kelly to intervene. They worked with the U.S. Department of Justice (DOJ)
which filed a federal case in the District of Columbia invoking a little-known provision from the Patriot Act, which allowed the emerald to be frozen pending forfeiture. Meanwhile, Brazilian courts convicted those who illegally mined and exported the gemstone and, after years of appeals, issued a final forfeiture order. The DOJ then moved to enforce the Brazilian ruling, ultimately securing the emerald. The emerald is now set to be repatriated and displayed in a museum in Rio de Janeiro, bringing an end to one of the most extraordinary asset recovery cases in modern history.
