18-23941

Foreign representatives in a Brazilian bankruptcy sought to compel discovery of electronic communications from an American attorney. The court allowed disclosure of privileged documents under the crime-fraud exception to the attorney-client privilege, where the debtor consulted the attorney for transfer to trust that helped in the commission of fraud or crime, regardless of whether the scheme was even successful or whether the attorney intended to defraud or was aware of the client’s intent to defraud as the intent element lies on the client, not on the attorney.