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Florida Federal Jury Clears Submarine Builder in Dubai Case Update 2

March 02, 2011

Dubai World Corporation lost on all 5 counts stated in its civil complaint against Palm Beach resident Herve Jaubert yesterday in the Federal Court, District of Southern Florida.  Dubai World had sued Mr. Jaubert for breach of contract, fraudulent representation regarding his abilities as an expert submarine designer, negligent representation regarding same, breach of fiduciary duty and conversion.  The jury found that Mr. Jaubert was not liable under any of these counts and found in Mr. Jaubert’s favor.

The civil action mirrored similar criminal charges that had been leveled against Mr. Jaubert in Dubai in 2009; the Dubai court found Mr. Jaubert guilty in absentia and sentenced him to 5 years imprisonment.  George Dalton, Dubai World’s chief counsel, had stated in an interview in September, 2009, that he was confident that a US Court would return a similar verdict against Mr. Jaubert.  This confidence was misplaced as the jury returned an opposite verdict to what Mr. Dalton assumed.

The jury also found that Mr. Jaubert’s abuse of process claim against Dubai World was not supported by the evidence provided.

Mr. Jaubert, following the jury’s verdict, stated, “I have been completely exonerated and vindicated by the jury’s decision.  The case in Dubai was clearly baseless and without merit.

The judge had earlier ruled that Seahorse Submarines Int’l Inc. was liable for not completing 2 submarines it had contracted to sell to Dubai World subsidiaries.  Although it had been verbally agreed by Seahorse and Dubai World to complete the submarines in Dubai, once Mr. Jaubert was in Dubai, Dubai World chairman Sultan bin Sulayem told him to work on other projects.  As Mr. Jaubert did not get this direction in writing, Seahorse was found liable by the court.

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Florida Federal Jury Clears Submarine Builder in Dubai Case

March 01, 2011

Florida resident, Herve Jaubert, was yesterday unanimously cleared by a federal jury of breach of contract, fraudulent misrepresentation, negligent misrepresentation, breach of fiduciary duty and conversion, in the Federal Court, District of Southern Florida.

These are the equivalent civil charges as were leveled at him in a criminal case in Dubai in June 2009, where a court found him guilty in absentia and sentenced him to 5 years imprisonment.

The jury also ruled that Jaubert’s claim for abuse of process was not adequately supported by the evidence provided.

“This result means I am completely vindicated. The case in Dubai was totally baseless and without merit” said Jaubert. “I am of course disappointed that my claim for abuse of process failed, but unfortunately the judge was unable to permit the jury to hear testimony from two witnesses, a former employee of Exomos, (the Dubai World submarine company that Jaubert was engaged to run) and the wife of a former employee of a related Dubai World investment company, who both suffered similar abuses of process at the hands of the plaintiffs”.

The damages awarded were in fact a technical matter in regards to the delivery of assets from Mr. Jaubert’s previous company, Seahorse Submarines Inc., in 2004/05. The company has long since folded and we felt there was little merit in wasting the court’s time defending a matter of no merit or possible recoverability, said Mr. Jaubert.

So, what’s next for Jaubert? Speaking from his office this morning, “With this stress behind me, I can go back to what I do best, building submarines” he said. “Watch this space, plans to open a new factory in West Palm Beach are already at an advanced stage.”

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