Breyer pointed out that, under the Law of Nations, the U.S. and other nations have jurisdiction over crimes such as piracy, the murder of an ambassador, and slavery, but he questioned whether other types of crimes should fall under universal jurisdiction.
Judge Lara Montecalvo asked whether the court could still affirm the jury award for other acts, even if it determined that the TVPA does not apply to attempted killings. Haley argued that the claims against Viliena were largely based on aiding and abetting, which would still exceed the statute’s bounds.
Viliena is also awaiting trial on criminal visa fraud charges.
The case, David Boniface et al. v. Jean Morose Viliena, is under review by the First Circuit, with Circuit Judges Sandra Lynch and Lara Montecalvo and visiting Judge Stephen Breyer sitting on the panel. The plaintiffs are represented by attorneys from Morrison Foerster LLP, Dentons US LLP, and the Center for Justice and Accountability. Viliena is represented by Peter J. Haley of Nelson Mullins Riley & Scarborough LLP.
