FOR PUBLICATION 
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
********** 
In the Matter of the Notice of Filing to Enforce a 
) CIVIL NO. ST-09-CV-519 
Foreign Judgment by GLOBAL ONE 
) 
FINANCIAL, INC., 
) 
) 
Plaintiff, ) 
) 
v. 
) ENFORCEMENT OF FOREIGN 
) JUDGMENT 
SHERWIN D. REV, 
) 
) 
-------------------------­
Defendant.
--------­
) 
RA VI S. NAGI, ESQ.  
BoltNagi P.C.  
5600 Royal DaneMail.Suite 21  
St. Thomas, U.S. Virgin Islands 08002  
Counsel for Plaintiff 
CARL R. WILLIAMS, ESQ. 
ROBERT L. KING, ESQ. 
Law Offices of Robert L. King 
The Law Center 
1212 Bjerge Gade 
St. Thomas, U.S. Virgin Islands 00801 
Counsel for Defendant 
CARROLL, Judge 
MEMORANDUM OPINION 
(Filed: March JL, 20 II) 
Plaintiff Global One Financial, Inc.,l seeks to domesticate a judgment issued by a 
Georgian court. Defendant Sherwin D. Rey opposes the action and seeks relief from the Georgia 
judgment, arguing that it was obtained through fraud and that it was issued by a court lacking 
personal jurisdiction over Rey. Because the Georgia court fully and fairly litigated the issues 0 
jurisdiction and fraud, the Court rejects Rey's argument and will domesticate the foreign 
judgment. 
I Global One is represented in this action by Ravinder Nagi, Esq., of Bolt Nagi P.c. Defendant Sherwin D. Rey is 
represented by Robert King, Esq., of the Law Offices of Robert King. 
Global One Financial, Inc. v. Rey 
Civil No. ST-09-CY-519 
Memorandum Opinion 
Page 2 of 4 
FACTUAL AND PROCEDURAL HISTORY 
Global One filed suit in the Superior Court of GwiIll1ett County, Georgia, against Rey and 
his company, Caribbean Datacomm, Inc., in 2008. The GwiIll1ett County court entered both 
parties' defaults on October 16, 2008. Consequently, on December 26, 2008, the court issued a 
judgment by default against both parties in the amount of One Million Three Hundred Two 
Thousand Four Hundred Eleven Dollars and Ninety-Six Cents ($1,302,411.96).2 
Global One then moved to domesticate that foreign judgment in the Superior Court of the 
Virgin Islands? Rey filed an "Opposition to Enforcement of Foreign Judgment," on December 
23, 2009, which the Court later4 construed as a Rule 60(b)(3) Motion. In his Rule 60 Motion, 
Rey argues that the Gwinnett County court lacked personal jurisdiction over him, and that the 
judgment was obtained as a result of Global One's fraud. 
Rey argues that he did not have minimum contacts with the state of Georgia sufficient to 
satisfy the Constitution's due process clause. According to Rey's Rule 60 Motion, in 2003 he 
was approached by a salesperson for Lincoln Benefit Life Company, a Nebraska company, in 
Miami, Florida. Rey decided at that time not to sign a life insurance contract with Lincoln 
Benefit, but Lincoln Benefit later sent documents to Rey. According to Rey, Lincoln Benefit's 
representative "fraudulently induced [Rey] to sign the contracts now at issue by assuring [Rey] 
that monthly premium payments to [Global One] would cease after thirty-six (36) consecutive 
monthly payments." 
In addition, Rey says, Lincoln Benefit stated that the annuity being 
purchased would "become self-sustaining." 
Rey states that after his thirty-sixth payment, he contacted Lincoln Benefit because he 
had received an invoice "for an exponentially increased monthly payment." However, after 
allegedly looking into the problem, Lincoln Benefit told Rey that he had to continue making 
increased monthly payments. 
Rey states that when he signed the Lincoln Benefit contract, there were no witnesses 
present and no notary public, but when certain documents, including a Promissory Note in the 
amount of Four Hundred Fifty Thousand Dollars ($450,000.00), as well as Collateral 
Assignments and Security Agreements, were submitted to the Georgia court, the documents bore 
signatures of witnesses, agents and a notary public. According to Rey, the Georgia court relied 
on the "fraudulently executed contracts" when it determined that it had personal jurisdiction. In 
addition, he says he believed he was working with a Nebraska company, not Global One, a 
Georgia company. For these reasons, Rey argues, the Georgia court lacked personal jurisdiction 
to issue its Judgment against him. 
On June 9,2010, Rey filed a Motion to Set Aside Default Judgment with the Gwinnett 
2 The Judgment was issued in Case No. 08-A-07845-6 by the Honorable Ronnie K. Batchelor.  
3 Global One filed its "Notice of Filing of Foreign Judgment" on November 3, 2009. It accompanied that Notice  
with a certified copy of the Georgia Judgment. On December 2, 2009, it filed proof of mailing on Rey.  
4 The Order construing the Opposition as a Motion was entered on March 25, 2010.  
Global One Financial, Inc. v. Rey 
Civil No. ST-09-CV-519 
Memorandum Opinion 
Page 3 of4 
County court, a copy of which he filed with this Court on July 14,2010. By Order entered on 
September 13, 2010, the Court stayed this action while the GwiIU1ett County court decided Rey's 
Motion. On August 30, 2010, the GwiIU1ett County court denied Rey's Motion to Set Aside. 
Global One filed that Order with this Court on September 7, 2010. The August 30 Order 
denying the Motion to Set Aside addresses and rejects Rey's arguments regarding the GwiIU1ett 
County court's lack of personal jurisdiction over him. 
DISCUSSION 
I.  
THE GEORGIA JUDGMENT, THOUGH SUBJECT TO THE SAME 
DEFENSES AND MOTIONS TO REOPEN AS A JUDGMENT ISSUED BY A 
VIRGIN ISLANDS COURT, IS GIVEN FULL FAITH AND CREDIT BY THIS 
COURT. 
The Legislature of the Virgin Islands adopted the Uniform Enforcement of Foreign 
Judgments Act (UEFJA) in 1992.5 
According to the Act, properly authenticated foreign 
judgments are to be treated "in the same maMer" as a Superior Court judgment, they have the 
"same effect" and they are "subject to the same procedures, defenses and proceedings for 
reopening, vacating, or staying as a [Superior Court judgment] and may be enforced or satisfied 
in like manner.,,6 
In this case, Global One complied with the UEFJA by filing a properly authenticated 
foreign judgment and it filed an affidavit "setting forth the name and last known post office 
address of the judgment debtor and the judgment creditor."? 
Even the UEFJA, which describes the maIU1er in which foreign judgments "shall be 
proved," is limited by the Full Faith & Credit Clause of the U.S. Constitution.8 The Clause 
requires courts of each state9 to give full faith and credit to the judicial proceedings of the courts 
of every other state. While courts need not give full faith and credit to a judgment of a court that 
lacked jurisdiction in the first instance, if the originating court "fully and fairly liti~ated and 
finally decided" issues ofjurisdiction, those decisions are binding on the second court. I 
5 Act. No. 5777, Sess. L. 1992, codified at V.!. CODE ANN. tit. 5, §§ 551-558 (1997).  
6 V.I. CODE ANN. tit. 5, § 553 ([997).  
75 V.I.c. § 554(a).  
8 U.S. CONST. art. IV, § [ ("Full Faith and Credit shall be given in each State to the public Acts, Records, and  
judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which  
such Acts, Records and Proceedings shall be proved, and the Effect thereof.").  
9 The Full Faith and Credit Clause is explicitly made applicable to the Virgin Islands by Section 3 of the Revised  
Organic Act of 1954. 68 Stat. 497 (July 22, 1954).  
10 Underwriters Nat 'I Assurance Co. v. North Carolina Life & Accident & Health Ins. Guar. Ass'n, 455 U.S. 691,  
706 (1982) (quoting Durfee v. Duke, 375 U.S. 106, III (J963»; see also Malpere v. Malpere, 49 V.1. 118, 122-23  
(Terr. Ct. 2004) (observing that the Full Faith and Credit Clause requires Virgin Islands courts to enforce decisions  
ofother states to the extent they would be enforced in the Virgin Islands).  
- - 
Global One Financial, Inc. v. Rey 
Civil No. ST-09-CV-519 
Memorandum Opinion 
Page 4 of 4 
II.  
REY'S MOTION FOR RELIEF FROM JUDGMENT FAILS BECAUSE THE 
GWINNETT COUNTY COURT FAIRLY AND FULLY LITIGATED THE 
ISSUES OF PERSONAL JURISDICTION AND FRAUD. 
Rey objects to the Default Judgment issued by the Georgia court. Rule 50 of the Rules 0 
the Superior Court provides that Rules 59 to 61, inclusive, of the Federal Rules of Civil 
Procedure, shall govern such motions. The Court construed Rey's objection to Global One' s 
Filing of a Foreign Judgment as a Rule 60(b) motion. Relief from a judgment is appropriate 
pursuant to Rule 60 when a party alleges that the judgment was obtained' through fraud. He 
states that the Georgia court only issued its judgment because it was defrauded into believing it 
had personal jurisdiction over Rey. 
However, the Court need not examine an issue already addressed and decided by another 
court. Rey already raised his personal jurisdiction objection before the Gwinnett County court in 
his Motion to Set Aside Default Judgment. That court received briefs and held a hearing on the 
issue. Nonetheless, it concluded that Rey had been properly served in the Georgia case, and that 
he had failed to disprove Global One's evidence that the Georgia court had personal jurisdiction 
over him. II In addition, it found the record devoid of evidence that Global One had perpetrated 
fraud on the court in order to obtain the Judgment. 
Therefore, because the issues of personal jurisdiction and fraud were "fully and fairly 
litigated and finally decided"J2 by the Gwinnett County court, this Court must give full faith and 
credit to its final decision. By separate Order, the Court will deny Rey's Rule 60 Motion and 
domesticate Global One's Gwinnett County Judgment. 
DATED: 
March L, 2011 
Ver 'a H. Y, Jazquez, Esq. 
By: 
PA Oa,~ 
II The GwilU1ett County court concludes that "the record and evidence show thatSre~£lr'Caribbean Datacomm, 
Inc. purposefully and intentionally availed themselves of the benefits of doing business with a Georgia corporation 
for over two years, during which time Rey and Caribbean Datacomm, Inc. received loan proceeds of over 
$1,450,000.00 from said Georgia corporation. This Court reasonably, legally, and appropriately exercised personal 
jurisdiction over both Rey and Caribbean Datacomm, Inc. in accordance with O.e.G.A. §9-10-91 , and Reyand 
Caribbean Datacomm, Inc. have failed to meet their burden in proving otherwise." (PI.'s Notice of Filing, Sept. 7, 
2010, Ex. A, at 7.) 
12 Underwriters Nat 'I Assurance Co., 455 U.S . at 706. 
~bk f~~  
IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS  
DIVISION OF ST. THOMAS AND ST. JOHN  
********** 
In the Matter of the Notice of Filing to Enforce a 
) CIVIL NO. ST-09-CV-519 
Foreign Judgment by GLOBAL ONE 
) 
FINANCIAL, INC., 
) 
) 
Plaintiff, ) 
) 
v. 
) ENFORCEMENT OF FOREIGN 
) JUDGMENT 
SHERWIN D. REY, 
) 
) 
--------------------------­
Defendant. 
--------­ ) 
ORDER 
AND NOW, consistent with the Memorandum Opinion issued today in this case, it is 
hereby 
ORDERED that Defendant Sherwin D. Rey's December 23, 2009 Opposition to 
Enforcement of Foreign Judgment, which this Court construed as a Rule 60 Motion for Relie 
from Judgment, is DENIED; and it is further 
ORDERED that the Clerk of the Court shall treat the Order and Default Judgment issued 
by the Honorable Ronnie K. Batchelor of the Superior Court of Gwinnett County, State 0 
Georgia, on December 26, 2008, in case number 08-A-07845-6, and filed in this case on 
November 3, 2009, in the same manner as a judgment of the Superior Court of the Virgin 
Islands; and it is further 
ORDERED that the Judgment shall have the same effect and shall be subject to the same 
procedures, defenses and proceedings for reopening or staying as a judgment of the Superior 
Court of the Virgin Islands, and may be enforced to satisfied in like manner; and it is further 
ORDERED 
that, 
the 
Judgment 
having 
been 
domesticated, 
this 
case 
is 
ADMINISTRATIVELY DISMISSED without prejudice and the file shall be closed, subject 
to reopening upon initiation of proceedings to vacate, stay or enforce the Judgment by Plaintiffi 
or Defendant; and it is further 
ORDERED that Plaintiff Global One Financial, Inc., shall file a Satisfaction 0 
Judgment with the Clerk of the Court should the Judgment be satisfied; and it is further 
Global One Financial, Inc. v. Rey 
Civil No. ST-09-CV-519 
Order 
Page 2 of2 
ORDERED that copies of this Order and of the Memorandum Opinion issued today in 
this case shall be directed to counsel for both parties. 
DATED: 
March L, 2011 
CE 
lFlED A TRUE COPY 
Dote: V~~\J?'~J~ &q 
~Clerk of tlle Court 
By: 
1& ~~ 
Court Clerk 
ATTEST: VENETIA H. VELAZQUEZ, ESQ. 
Clerk 0 
~ 
BY: 
~lj -
N~ 
DONNA D. DONOVAN 
0.. 
, 
(I 
Acting Court Clerk Supervisor J 
/_--->-_./iL 
Judge ofthe Superior Court 
of the Virgin Islands 
t 
Court