Yahoo has hit back at a claim by the KPMG special liquidators of Irish Bank Resolution Corporation (IBRC) that it should hand over the contents of an email account the bank says was used to discuss alleged asset stashing on behalf of the family of Cavan businessman, Seán Quinn.
The internet company and the bank remain on course for a court showdown in Delaware next month. IBRC liquidator Kieran Wallace has asked the court to order Yahoo to hand over the contents of the email account, in the name Abdullah Rasimov.
Yahoo this week filed a hard-hitting defence to Mr Wallace’s application, suggesting he does not have the authority to seek the contents. It also says it does not have to hand over the contents of its email accounts to anyone, including legal “subscribers” to email accounts.
Confidential informant
Mr Wallace says a confidential informant alleges Mr Rasimov was hired to put international assets owned by the Quinn family beyond the reach of the bank. The KPMG liquidator claim the email account was used to communicate with others about the alleged scheme.
IBRC is seeking repayment of up to €2.8 billion from the family of Seán Quinn arising from loans taken out before the collapse of Anglo Irish Bank. The Quinns have consistently denied any wrongdoing and contest liability to repay.
Yahoo has consistently refused to hand it over, citing its privacy obligations under the Stored Communications Act, which it reiterates in its defence this week.
It outlines how Mr Wallace later sought the information under a civil subpoena, prompting Yahoo to seek to quash it in California. IBRC then withdrew the subpoena, and has sought to force Yahoo to comply under bankruptcy laws.
Co-liquidator
Mr Wallace previously served a notice on Yahoo that the Delaware court had made him and his co-liquidator,
Eamonn Richardson
, “subscriber” to the contents of the email account.
Yahoo said this week that regardless of that notice, Mr Wallace cannot give “lawful consent” to effectively hand over the information as subscriber to himself. Yahoo says the “actual subscriber” remains Mr Rasimov.
The internet company then argues that even the “actual subscriber” has no right to demand it hand over email contents for a civil case.
“Not even the actual subscriber has a legally recognisable ownership interest” in the contents of emails under its terms of service.
Yahoo says it retains the right to delete any email accounts “at any time, for any reason”.
The bank and Yahoo are due in court on March 1st.
