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Edward M. Spiro and Judith Mogul

Entering into a settlement agreement does not always mark the end of a litigation. A host of issues may arise in enforcing settlement agreements, as the recent decision in United States v. Prevezon Holdings, 2018 WL 679888 (S.D.N.Y. Feb. 2, 2018) makes clear. Prevezon involved a sensational set of facts, including allegations of alleged elaborate Russian tax fraud and complex money-laundering schemes, and the death in prison of a Russian lawyer investigating the alleged tax fraud. Shortly before a civil trial for asset forfeiture was set to begin against Prevezon, which allegedly received and laundered a portion of the fraud proceeds, the United States and Prevezon agreed to settle the case. Ruling on the government’s subsequent motion to enforce the settlement agreement, Southern District Judge William H. Pauley III addressed issues ranging from New York contract law to international comity. Judge Pauley’s detailed and thorough analysis provides valuable insights for counsel negotiating and seeking to enforce settlement agreements.

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