Free Motion to Stay - District Court of Connecticut - Connecticut


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Case 3:03-cv-00409-DJS Document 73-12 Filed 09/26/2006 Page 1 of 2
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Nine Organizations File Briefs in Support of Stolt-Nielsen ln U.S. Supreme Court Case
LONDON, NORWAY -- (MARKET WIRE) -- September 25, 2006 --
Domestic and Global Organizations Urge Review
London - September 25, 2006 - Nine separate organizations, including a foreign sovereign government,
leading trade associations and other groups have tiled amicus curiae briefs with the Supreme Court of the
United States urging the Court agree to hear the Stolt-Nielsen S.A. v. United States case.
Stolt-Nielsen S.A. (NASDAQ: SNSA); (OSLO: SNI) expressed its appreciation that these organizations
urged review of a decision by U.S. Court of Appeals for the Third Circuit, which held that federal courts lack
the authority to enforce prosecutors' promises pre-indictment, which is in conflict with the decisions of the
Seventh Circuit.
"ln breaching its promises with Stolt-Nielsen, the Department of Justice overstepped any legitimate
prosecutorial boundary," James B. Hurlock, an outside director and Chair of the SNSA Board of Directors'
Legal Affairs Committee said. "These amicus briefs make clear the need for the federal courts to be vigilant
in protecting companies and their executives from the Justice Department simply ignoring its own signed
agreements."
Stolt-Nielsen was charged in a one-count indictment earlier in September. That indictment breaches the
Antitrust Division's own written Amnesty Agreement made in January 2003, which promised Stolt-Nielsen
that it would not "bring any criminal prosecution" against the company or its executives related to the parcel
tanker industry for conduct that occurred prior to January 15, 2003.
ln July 2006, Stolt-Nielsen Hled its petition for certiorari with the Supreme Court. In that petition, Stolt-
Nielsen underscores its request for Supreme Court review by noting that in January 2005, the U.S. District
Court for the Eastern District of Pennsylvania found that the Company had not breached its Amnesty
Agreement and issued an injunction preventing an indictment. In its ruling, the District Court made 89
findings of fact, including that Stolt-Nielsen had performed its side of the bargain under the Amnesty
Agreement and that the government, therefore, could not break it. The District Court remains the only court
to have considered this case on its merits.
ln March 2006, a tvvo-judge panel ofthe Third Circuit ruled, on narrow separation of powers grounds, that
district courts lack the authority to enjoin virtually any prosecution prior to indictment and overruled the
injunction. The petition for certiorari challenges the basis of that Third Circuit ruling.
No amicus curiae parties have opposed the grant of certiorari.
A copy of the petition to the U.S. Supreme Court, and related Hlings, including the amicus briefs are
available at www.stoIt-nieIsen.com.
Contacts: Richard Lemanski 001 -203.299.3604 [email protected]
Jan Engelhardtsen 011-44 20 7611 8972 jce@stolté:@
About Stolt-Nielsen S.A.

Case 3:03-cv-00409-DJS Document 73-12 Filed 09/26/2006 Page 2 of 2
Stolt-Nielsen S.A. (the "Company") is one of the world's leading providers of transportation services for bulk
liquid chemicals, edible oils, acids, and other specialty liquids. The Company, through the parcel tanker,
tank container, terminal, rail and barge services of its wholly owned subsidiary Stolt-Nielsen Transportation
Group, provides integrated transportation for its customers. Stolt Sea Farm, wholly owned by the Company,
produces and markets high quality turbot and Southern bluefin tuna.
Forward-Looking Statements
This press release contains "forward—Iooking statements" within the meaning of Section 27A of the
Securities Act of 1933 and Section 21 E of the Securities Exchange Act of 1934. These statements may be
identified by the use of words like "anticipate," "believe," "estimate," "expect," "intend," "may," "p|an,"
"project," "will," "shouId," "seek," and similar expressions. The fowvard-looking statements reflect the
Company's current views and assumptions and are subject to risks and uncertainties. The following factors,
and others which are discussed in the Company's public filings and submissions with the U.S. Securities
and Exchange Commission, are among those that may cause actual and future results and trends to differ
materially from the Company's fonivard-looking statements: the general economic conditions and
competition in the markets and businesses in which the Company operates; changes in the supply of and
demand for parcel tanker, tank container and terminal capacity in the markets in which the Company
operates; changes in the supply of and demand for the products we transport, particularly the bulk liquids,
chemicals and other specialty liquids that form the majority of the products that we transport; prevailing
market rates for the transportation services that the Company offers and the fish products that the
Company sells; changes in bunker fuel prices; the cost and feasibility of maintaining and replacing the
Company's older ships and building or purchasing new ships; uncertainties inherent in operating
internationally; the outcome of legal proceedings; the Company's relationship with significant customers;
the outcome of discussions with customers concerning potential antitrust claims; the impact of negative
publicity; environmental challenges and natural conditions facing the Company's aquaculture business; the
impact of laws and regulations; operating hazards, including marine disasters, spills or environmental
damage; the conditions and factors that may influence the decision to issue future dividends; and the
market for long—term debt. Many of these factors are beyond the Company's ability to control or predict.
Given these factors, you should not place undue reliance on the fonrvard-looking statements. Should one or
more of these risks or uncertainties occur, or should management's assumptions or estimates prove
incorrect, actual results and events may vary materially from those discussed in the forward-looking _
statements. i
- end text-
Copyright © Hugin ASA 2006. All rights reserved.
SOURCE: Stolt-Nielsen S.A.
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