In re Marc Rich & Co. A.G.

Marc Rich & Co. A.G. (Rich) (defendant) was a party to a civil case in federal district court. Rich did not produce documents related to oil transactions that were requested in a grand jury subpoena. Rich was ordered by the district court to pay daily fines as a sanction for contempt. Rich moved to terminate the fines, and the district court denied the motion. Rich appealed, but only challenged the district court’s personal jurisdiction. The court of appeals affirmed the district court. Rich then sought to vacate the contempt order, arguing that orders issued by the Swiss authorities prevented Rich from complying with the subpoena. The district court had informed Rich that it would consider lifting the contempt judgment if affidavits were submitted explaining the impossibility of compliance, but no affidavits were ever submitted. The district court denied the motion, and Rich appealed. However, Rich later withdrew the appeal with prejudice and agreed to comply in full with the subpoena. As part of the withdrawal, Rich agreed to refrain from future claims that Swiss law prevented production of the documents. After the withdrawal of the appeal, Swiss authorities ordered Rich to not produce the documents and seized documents on three occasions. Rich moved again to vacate the contempt order. The district court declined to vacate the contempt order, and Rich appealed.