International Issue Foreign Court: Fed Employees allowed use of alias?

[CarinaCisneros]

I am curious if a U.S. Federal Employee, employed at a U.S. Embassy, has the "right" to use an alias (by this I mean fake name, not traceable to him) in a non-U.S. Court, when the case does NOT involve National Security, undercover work, DEA, etc., etc., and the use of his own name presents no danger to him, beyond any liability he might incur based on his answers to questions posed him by the judge? Does an Ambassador have the authority to authorize the use of a fake name, when that name will become part of the legal record in another country? The case(s) in question are pre-probate matters, and do not involve any policy or "mission" the U.S. has in the country. Also, does a U.S. citizen have any right to the legal name of an Embassy employee working in a public sort of position, in the Consul office? Can Consul Officers handle a Trust set up by one of their citizens, and refuse to reveal their own names, and those of the people administering the Trust, and refuse to offer up a buisness card or telephone number?

 

[Michael Wechsler]

Originally posted by CarinaCisneros:
I am curious if a U.S. Federal Employee, employed at a U.S. Embassy, has the "right" to use an alias (by this I mean fake name, not traceable to him) in a non-U.S. Court, when the case does NOT involve National Security, undercover work, DEA, etc., etc., and the use of his own name presents no danger to him, beyond any liability he might incur based on his answers to questions posed him by the judge? Does an Ambassador have the authority to authorize the use of a fake name, when that name will become part of the legal record in another country? The case(s) in question are pre-probate matters, and do not involve any policy or "mission" the U.S. has in the country. Also, does a U.S. citizen have any right to the legal name of an Embassy employee working in a public sort of position, in the Consul office? Can Consul Officers handle a Trust set up by one of their citizens, and refuse to reveal their own names, and those of the people administering the Trust, and refuse to offer up a buisness card or telephone number?

Being a diplomat does not mean that breaking the laws of a country is valid. It just means that they may not be prosecuted -- but this isn't always the case as they can be deported, the country for which the dimplomat represents may waive any immunity, and there may be cooperation with the governments in order to prevent the crime. After all, there is little diplomacy when a country perceives that a diplomat is taking advantage of their status and the host country's expense. As in the prior response, this might be a matter that would be handled by the Department of State. It's a good question that I'll have to ask colleagues.

 

[NYClex]

If he is pursuing an action in a foreign court, he must observe the foreign country's laws. His status as a diplomat shield him from certain actions against him.

But let us say, consul X is stationed in France and wants to buy a private property there for his lover and him. He wants to use a fake name so his wife won't find out.

In this case he has to abide by French law. If that law forbids using a fake identity, then he has no recourse against it.

What the French cannot do, though, is arrest him for doing it. He only could be expelled. But the French court for example could invalidate the contract.

 

[Michael Wechsler]

This is in general, true. With regard to the fake names, IMHO it would really depend upon who is doing the asking. If it's an employee who does not have the right to the information then the issue really is not whether the action is permissible but whether the employee has the power to compel the answers.

Originally posted by NYClex
If he is pursuing an action in a foreign court, he must observe the foreign country's laws. His status as a diplomat shield him from certain actions against him.

But let us say, consul X is stationed in France and wants to buy a private property there for his lover and him. He wants to use a fake name so his wife won't find out.

In this case he has to abide by French law. If that law forbids using a fake identity, then he has no recourse against it.

What the French cannot do, though, is arrest him for doing it. He only could be expelled. But the French court for example could invalidate the contract.