For those with an international enforcement practice, a federal
district court recently ruled on whether a party subject to
an MLAT-driven search of her premises can obtain relief under
Rule 41(g), and in doing so has provided a reminder regarding the
challenges in obtaining Rule 41(g) relief when the search occurs
pursuant to an MLAT.
In Vasarely v. United States, Michelle Vasarely
("Mrs. Vasarely"), daughter-in-law of renowned artist
Victor Vasarely, became involved in a decades-long family dispute
over the ownership of Victor's artworks. After serving as
Chairperson of the Vasarely Foundation, Mrs. Vasarely received
a substantial number of paintings through a 1995 arbitral award.
French authorities later alleged that the arbitration was a sham
that she orchestrated to benefit herself and other heirs, and they
initiated a criminal investigation against her. In May 2023,
pursuant to a Mutual Legal Assistance Treaty (MLAT) between France
and the United States, the
