In barring Baker & Hostetler from defending real estate companies accused of laundering the proceeds of a $230 million fraud on the Russian Treasury, the U.S. Court of Appeals for the Second Circuit on Monday addressed the standard for disqualification in a new context: a motion to disqualify made by a nonparty, nonwitness.
The circuit said Baker & Hostetler partner John Moscow’s nine-month representation in 2008 of investment advisory firm Hermitage, a putative victim of the fraud, disqualified the firm from defending the Prevezon real estate companies on a civil forfeiture action in the Southern District.
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