Chadwick v. Janecka

312 F.3d 597 (3rd. Cir. 2002)

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Nature of the Case

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Facts

Wife (W) filed for divorce. During an equitable distribution conference Husband (H) informed the state court and W that he had unilaterally transferred $2,502,000.00 of the marital estate to satisfy an alleged debt to Maison Blanche, Ltd., a Gibraltar partnership. One of the principals of Maison Blanche had returned $869,106.00 from Gibraltar to an American bank account in H's name and that these funds had then been used to purchase three insurance annuity contracts; $995,726.41 had been transferred to a Union Bank account in Switzerland in H's name; and (3) $550,000.00 in stock certificates that H claimed he had transferred to an unknown barrister in England to forward to Maison Blanche had never been received. The state court then entered a freeze order on the marital assets on April 29, 1994. H redeemed the annuity contracts and deposited the funds in a Panamanian bank. The court determined that H's transfer of the money was an attempt to defraud W and the court. The court ordered H to return the $2,502,000.00 to an account under the jurisdiction of the court, to pay $75,000.00 for W's attorney's fees and costs, to surrender his passport, and to remain within the jurisdiction. H refused to comply, and W filed a petition to have him held in civil contempt. The court found H in contempt of the July 22, 1994, order and issued a bench warrant for his arrest. H fled the jurisdiction but was arrested. The state court determined that H had the present ability to comply with the terms of the July 22, 1994, order and set bail at $3,000,000. H has applied eight times to the state courts and six times to the federal court to gain release from incarceration. H has been incarcerated since April 5, 1995.