Second Circuit Victory Earns Hughes Hubbard Team ‘Litigator of the Week’ Recognition

The American Lawyer recognized the firm’s success in securing a landmark appellate victory for Denmark’s tax authority.

Highlights

Second Circuit affirms more than $476 million judgment in favor of SKAT.
Court upholds jury verdict finding defendants liable for fraudulent Danish dividend tax refund claims.
Recognition highlights Hughes Hubbard’s leadership in one of the largest cross-border tax fraud recovery efforts in U.S. courts.

The American Lawyer named a Hughes Hubbard team a runner-up for Litigator of the Week following a major appellate victory on behalf of the Customs and Tax Administration of the Kingdom of Denmark, or Skatteforvaltningen (SKAT). In a unanimous opinion issued Aug. 31, the U.S. Court of Appeals for the Second Circuit affirmed a judgment exceeding $476 million and rejected the defendants’ challenge to SKAT’s fraud claims.

The ruling upheld a jury verdict finding that Richard and Jocelyn Markowitz, John and Elizabeth van Merkensteijn, and pension plans they controlled fraudulently obtained Danish dividend tax refunds through false refund claims.

The decision marks another major milestone in Hughes Hubbard’s representation of SKAT in its efforts to recover losses arising from a fraudulent dividend tax refund scheme. The firm’s work has included nearly 200 actions across 12 U.S. jurisdictions, the consolidation of litigation in the Southern District of New York, jury and bench trial victories, and settlements exceeding $450 million.

Marc Weinstein, Bill Maguire, Neil Oxford and Dustin Smith lead the Hughes Hubbard team representing SKAT, with key assistance from John McGoey, Greg Farrell, Kiran Rosenkilde, Elizabeth Zhou, J. Scott Sanders, Jessica Lagnado and Richard Bosch.