us court of appeals upholds $354 million contempt award against senator marcos and imelda marcos

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  • 7/31/2019 US COURT OF APPEALS UPHOLDS $354 MILLION CONTEMPT AWARD AGAINST SENATOR MARCOS AND IMELDA MAR

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    PRESS RELEASEOctober 25, 2012

    RE: MARCOS HUMAN RIGHTS LITIGATIONISSUED BY: ROBERT SWIFT AND RODRIGO DOMINGO

    US COURT OF APPEALS UPHOLDS $354 MILLION CONTEMPT AWARDAGAINST SENATOR MARCOS AND IMELDA MARCOS

    On Wednesday the United States Court of Appeals for the Ninth Circuit upheld acontempt judgment against Senator Ferdinand R. Marcos, Imelda Marcos and the Estate ofFerdinand E. Marcos. The judgment, $353.6 million, is believed to be the largest contemptaward ever affirmed by an appellate court. Robert Swift, lead counsel for the 10,000 Filipinohuman rights victims who obtained a judgment against Ferdinand E. Marcos and his Estate in1995, expressed satisfaction with the new judgment. The Marcoses have thumbed their noses

    at the United States court and Filipino human rights victims ever since the $2 billion judgmentwas entered in 1995. They were caught trying to dissipate the Marcos Estates assets to re-capitalize their political dynasty in the Philippines. This new judgment is against ImeldaMarcos and her son personally for their misconduct. It broadens the possibilities for collectionof money to the human rights victims. The victims can be assured they we will vigorously andaggressively seek to collect this sum.

    The Marcos Human Rights Litigation began in 1986 shortly after Ferdinand E. Marcosfled to the Hawaii following the Bloodless revolution. After Marcos died, Imelda fiercelyfought the litigation. Following an historic trial, a Hawaiian jury awarded 9,539 Filipino human

    rights victims almost $2 billion. On appeal, the judgment was affirmed. Even as the jury wasdeliberating, the Marcoses engaged in a secret deal with the Republic to render the MarcosEstate judgment proof. When counsel for the victims learned of this, they sought a contemptaward against Imelda Marcos and her son, the Marcos Estates legal representatives, forviolating the injunction which barred them from transferring or dissipating the Estates assets.After five court hearings during which documents of the skullduggery were introduced, thecourt found the Marcoses in contempt and ordered them to pay the victims $100,000 per dayuntil they purged their contempt. Not only did the Marcoses refuse to pay the sanction, theycontinued their misconduct by secretly trying to recover Marcos Estate assets for themselves.

    Among other things, they gave powers of attorney to an American banker to try to transfer $35million to themselves from an account at Merrill Lynch in New York in the name of a shamPanamanian corporation known as Arelma.

    On motion by counsel for the victims, the federal court in Hawaii finally enteredjudgment on the accumulated sanction, which totaled $353.6 million. The Court of appealstoday wrote that the $100,000 per day amount was necessary and appropriate because theMarcoses contumacious conduct caused direct harm to the victims, by preventing them fromcollecting on their $2 billion judgment.

    Contact Person : Ms. Zenaida Mique, Executive Director, Claimants 1081: 926-83-40