AlGosaibi v Maan AlSanea: What Does Arrest Mean?

(This is the first post reviewing documents submitted in Case 601650/2009.  More details here).

There's been a lot of speculation on this issue - some of it informed and some not so well informed, including right here on this blog.

Some new information has emerged on this topic in the form of a legally sworn statement by one of the parties.

As you perhaps know, Ahmad Hamad al Gosaibi and Brothers (AHAB) added Maan AlSanea as a Third Party Defendant to the case brought against them in the Supreme Court of New York (Case Index #601650/2009).

Mr. AlSanea has been arguing that New York is a forum non conveniens. Therefore, the case should be dropped or that he should be severed from the case.

On 9 March 2010, Document #106 was published on the Supreme Court's website under Case 601650/2009.  

It is an affidavit from Mr. AlSanea containing arguments why NY is inconvenient.  These include the usual arguments you'd expect:  (a) many documents relating to the case are in Arabic, (b) the sudden discovery of profound lack of English skills among witnesses (including several who previously  were able to routinely negotiate and conduct complex multi-million dollar transactions in English and who were involved in the running of global multi-billion dollar businesses in English), (c) none of the witnesses live in the USA, (d) the robust legal procedures in the Kingdom of Saudi Arabia,  and so on. You should, of course, read Mr. AlSanea's affidavit to understand his argument in full so that you can judge its merits for yourself.

What's pertinent to this post is a new defense:  many of the key witnesses are under travel bans. And  taking this document on its face enables us to make some definitive statements about the legal status of some of the parties involved.

First, we learn that these parties are not currently incarcerated.  Nor would it appear that they have placed under house arrest - where they are confined to their residences.   

Rather they are forbidden to leave the Kingdom of Saudi Arabia or the Kingdom of Bahrain.  Usually, this procedure involves the surrender of one's passport and a "notation"  in the records of  the "Customs and Immigration Officers" at border crossings, including airports.

In his affidavit, Mr. AlSanea lists the following individuals subject to travel bans:

1. Himself - by Saudi Arabia
2. Yousef, Saud, Dawood, AbdulMuhsin, Waleed Kamal Ahmad Hamad Al Gosaibi - who Mr. AlSanea understands are subject to similar travel bans imposed by Saudi Arabia.  Note that caveat.
3. Mr. Alistair McLeod, Former Acting CEO of Awal Bank, resident of Bahrain and subject to a travel ban imposed by Bahrain.
4. Mr. Anthony James, Former COO of Awal Bank, resident of Bahrain and subject to a travel ban, imposed by Bahrain.
5. Mr. Cliff Giddings, Former Head of Operations of Awal Bank, resident of Bahrain and subjectd to a travel ban imposed by Bahrain.
6. Mr. Mateen AK Mirza, Former Head of Treasury at Awal Bank, resident of Bahrain and subject to a travel ban imposed by Bahrain.
7. Mr. Yasser Al Sharif, Former Risk Manager of Awal Bank, resident of Saudi Arabia but subject to a travel ban by Bahrain.  (Confess I'm not clear how this would work legally.  If he's not resident in Bahrain, he would seem to be outside Bahrain's legal control).

It's very important to note two things:

1. The imposition of a "travel ban" on an individual is not a finding of guilt.  Nor is it necessarily an indication of the suspicion of guilt.  Often witnesses who can give testimony material to an investigation are banned from traveling so that they will be available to the court.  Of course travel bans are also imposed on individuals who may be  later charged with some wrongdoing.   Though being charged and being guilty can be two different things.  As per Mr. AlSanea's affidavit, you will note that both sides in the dispute - the AlGosaibis and Mr. AlSanea himself - are subject to a travel ban.
2. The Court will make the final legal judgment of quilt in this matter.  As far as I know, no Court has yet rendered such a verdict.