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United States v. Sum of $70

United States District Court, D. Columbia.

November 25, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
SUM OF $70,990,605, et al., Defendants

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For UNITED STATES OF AMERICA, Plaintiff: Elizabeth Ann Aloi, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Washington, DC.

For HIKMATULLAH SHADMAN, NAJIBULLAH, FAIZY ELHAM BROTHERS, LTD., ROHULLAH, EVEREST FAIZY LOGISTICS SERVICES, HIKMAT SHADMAN LOGISTICS SERVICES COMPANY, HEKMAT SHADMAN GENERAL TRADING, LLC, Claimants: Bryant S. Banes, LEAD ATTORNEY, NEEL, HOOPER & BANES P.C., Houston, TX; James Wallace Porter, III, BRADLEY ARANT BOULT CUMMINGS LLP, Washington, DC.

For AFGHANISTAN INTERNATIONAL BANK, Claimant: Andrew C. Bernasconi, LEAD ATTORNEY, REED SMITH LLP, Washington, DC.

OPINION

Page 159

MEMORANDUM OPINION AND ORDER

RICHARD W. ROBERTS, Chief United States District Judge.

Plaintiff United States filed this civil in rem forfeiture action, alleging that the defendant funds -- approximately $61.3 million in three different banks -- are the proceeds of a wire fraud and subject to seizure under 18 U.S.C. § § 981, 983 and 984. Claimants Hikmat Shadman Logistics Services Co., Hikmat Shadman General Trading, LLC, Faizy Elham Brothers, Ltd., Everest Faizy Logistics Services, Hikmatullah Shadman, Najibullah, and Rohullah move under Federal Rule of Civil Procedure 65 for a preliminary injunction to release the funds held by the United States, to enjoin the government from harassing or threatening their witnesses and from transferring any assets of the claimants beyond the court's jurisdiction, to direct the United States to " gather, segregate, and preserve" evidence, and to direct the United States to identify any of the claimants' assets and any evidence about the claimants that have been transferred outside of the United States' control. ...


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