George Marciano wants illegally seized documents returned

Oct 18, 2012, 14:52 ET from ENIGMA COMMUNICATIONS INC.

MONTREAL, Oct. 18, 2012 /PRNewswire/ - Montreal resident and Guess Jeans founder George Marciano has taken further steps to find justice at the United States District Court of California in a cross-border bankruptcy case that has been ongoing since October 27, 2009.

He has asked that documents illegally seized in Montreal be returned to him and that the trustee in his involuntary bankruptcy case, David Gottlieb, not be permitted to keep any copies. As of now, the documents have remained at a US Bankruptcy Court following a January 2012 decision despite a December 8, 2011 judgment of the Superior Court in Montreal requiring the return of those documents.

Mr. Marciano's US attorney Daniel J. McCarthy is asking the District Court to reverse this decision in what has become a legal battle involving courts in Canada and the US and wrought with numerous procedures and judgments.

''The Canadian Superior Court in Montreal has found that David Gottlieb misled a Canadian Judge to obtain the seizure order and that the seizure of the documents went beyond the scope of that order,'' Mr. Marciano's attorney argued.

Mr. Marciano won a victory in summer 2012, when a California Court of Appeal sided with him, reversing a decision that ordered him to pay damages of  $55 million to a former employee, Gary Iskowitz, his wife and his business partner. It deemed the damages to be excessive and based on insufficient proof.

NOTE: A copy detailing all arguments in the opening brief can be found at: