It undoubtedly was because Congress did not wish the forfeiture provision of § 1963(a) to be limited by rigid and technical definitions drawn from other areas of the law that it selected the broad term "interest" to describe the things that are subject to forfeiture under the Statute. Congress selected this general term apparently because it was fully consistent with the pattern of the RICO statute in Utilizing terms and concepts of breadth.
Russello v. United States, 464 U.S. 16, 21, 78 L. Ed. 2d 17 , 104 S. Ct. 296 (1983). In light of the deliberately broad language of § 1963 and the ambitious purpose of RICO, interpretation of the term "interest" to include the assets of a racketeering corporation's alter ego clearly is warranted.
The government's motion to amend and the voluminous exhibits attached thereto satisfactorily establish that Investments was the alter ego of one or more of the corporate defendants. It is unnecessary to reiterate every relevant fact supporting the Court's determination; it is sufficient to note as particularly significant the frequent commingling of property and business affairs of Investments and Overseas, the financial dependence of Investments on Overseas and related entities, the commonality of ownership and management of Investments and Overseas, and the sharing of the same building, business logo, telex, post office box, and telephone line for facsimile. Facts contained in the Report of the Joint Provisional Liquidators of International Credit and Investment Company (Overseas) Limited, attached to the court-appointed fiduciaries' response to the government's motion to amend, also lend support for the disregard of Investments' separate corporate form. Page 2 of the Report, dated August 30, 1991, states:
In a number of material respects, the ICIC Group [i.e., Investments, Overseas, and their sibling and parent corporations] appears to have conducted its affairs as a single entity, without clearly identifying which company or entity within the ICIC Group was concerned with or responsible for any particular transaction. This has further complicated the Provisional Liquidators' investigations.
Given the relationship between Investments and the named defendants as established by the government's exhibits and, to a lesser extent, the Report of the Joint Provisional Liquidators submitted by the court-appointed fiduciaries for the four corporate defendants, and in light of the broad language of § 1963(a) and the legislative history of RICO, the Court disregards the corporate form of Investments and considers the assets of Investments forfeitable "interests" of the named corporate defendants. To do otherwise would seriously undermine the legislative purpose of § 1963, namely, to "'punish, deter, incapacitate, and . . . directly to remove the corrupting influence from the channels of commerce.'" Russello at 28 (quoting 116 Cong.Rec. 18955 (remarks of Sen. McClellan)).
Accordingly, for the reasons stated above, it is hereby
ORDERED that the assets listed on the attached pages entitled "Second Supplemental List of Forfeited Property" and all property held in the United States in the name of ICIC Investments Ltd. whether or not listed on the attached pages are declared forfeited and subject to the Court's Order of Forfeiture of January 24, 1992.
It is FURTHER ORDERED that the United States Marshals Service shall seize all assets forfeitable under this Order which are enumerated on the "Second Supplemental List of Forfeited Property" attached hereto. In the case of each bank account appearing on the "Second Supplemental List of Forfeited Property," the United States Marshals Service is directed to seize the property forthwith. In the case of the claim in bankruptcy appearing under the heading "Esanu Katsky Korins & Siger" on the "Second Supplemental List of Forfeited Property," the United States Marshals Service is directed to inform the bankruptcy trustee, Mr. Joel Weiss of Esanu Katsky Korins & Siger of New York, New York, of the manner in which any distribution from the bankruptcy estate to BCCI shall be transferred to the United States Marshals Service.
It is FURTHER ORDERED that upon receipt of notice from the United States Marshals Service that the property has been seized, it shall be the responsibility of the United States of America to notify all interest parties by fastest means available of their right to file a claim pursuant to 18 U.S.C. § 1963(l) asserting legal right, title or interest in the property.
IT IS SO ORDERED.
July 29, 1992
JOYCE HENS GREEN
United States District Judge
Second Supplemental List of Forfeited Property
Account No. Account Name Approx. Balance
Bank of California Corp.
91-212373-1121 BCCI (Overseas) Chittigong 398,724.15
91-209411-1121 BCCI (Overseas) Dhaka 3,155,691.38
91-212399-1121 BCCI (Overseas) Sri Lanka 84,930.45
91-212407-1121 BCCI (Overseas) Sri Lanka 420,947.93
Bank of New York
Suspense BCCI (Overseas) Kenya 30,238.40
180676 ICIC (Overseas) Ginnie Mae Book 118,708.66
180676 ICIC (Overseas) Ginnie Mae interest 9,489.09
180676 ICIC (Overseas) 527,592.32
180650 ICIC Investments Ltd. 14,534,639.16
Bear Stearns & Co., Inc.
055-69205 ICIC Investments Ltd. 34,376,678.00
089-69205 ICIC Investments Ltd. 514,845.00
0902205099 BCCI (Overseas) Jamaica 351,769.41
0902204203 BCCI (Overseas) Paraguay 639,404.78
Esanu Katsky Korins & Siger
General Coffee Corp. claim in 4,925,000.00
First American Bank, N.A.
3-446-611 BCCI Legal Fund 68,919.87
First American Title Ins. Co.
Escrow Account Amjad Awan (Proceeds of sale of 140,478.46
Goldman, Sachs & Co.
001-37937-9-911 ICIC Investments Ltd. 0.00
032-34066-3 ICIC Investments Ltd. 360,602.60
Mabon Securities Corp.
04-4051 ICIC Investments Ltd. 20,240,717.09
46-0305 ICIC Investments Ltd. 452.50
46-2633 ICIC Investments Ltd. 0.00
48-2633 ICIC Investments Ltd. 0.00
Morgan Stanley & Co.
0424245 ICIC Investments Ltd. 128,392.89
737-0120128947 ICIC Investments Ltd. 128,726.20
Oppenheimer & Co., Inc.
05391180 ICIC Investments Ltd. 6,907,935.00
05391180 ICIC Investments Ltd. 16,421,620.00
Prudential Securities, Inc.
TNT880170-85 ICIC Investments Ltd. 151.39
Security Pacific Int'l Bank
04012039 BCCI (Overseas) Manila 443.00
03005016 BCCI (Overseas) Paris 1,225.00
Total $ 104,488,322.73
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