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United States v. Sum of $70

United States District Court, D. Columbia.

March 4, 2014

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

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[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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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; Kathleen A. Nandan, LEAD ATTORNEY, REED SMITH, LLP, Pittsburgh, PA; Pablo Quinones, LEAD ATTORNEY, PRO HAC VICE, Reed Smith LLP, New York, NY.

OPINION

RICHARD W. ROBERTS, Chief United States District Judge.

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MEMORANDUM OPINION AND ORDER

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 conspiracy and subject to seizure under 18 U.S.C. § § 981, 983 and 984. Claimants Hikmat Shadman Logistics Services Co., Hekmat Shadman General Trading, LLC, Faizy Elham Brothers, Ltd., Everest Faizy Logistics Services, Hikmatullah Shadman, Najibullah, and Rohullah move under Federal Rule of Civil Procedure 12(b) to dismiss the forfeiture action. Because the complaint states a claim upon which relief could be granted and because international comity and the act of state doctrine do not bar jurisdiction at this point, the claimants' motion to dismiss will be denied.

BACKGROUND

The United States " pays contractors and subcontractors through the North Atlantic Treaty Organization ('NATO') to resupply military forces operating in [Afghanistan,]" and NATO's Maintenance and Supply Agency (" NAMSA" ) administers the resupply program. 2d Am. Compl. ¶ ¶ 22-25. The transport mission " is awarded by means of a document formally referred to as a Transportation Movement Request ['TMR']," which requires NAMSA to engage " prime contractors, who, in turn, award individual TMRs to local Afghan subcontractors." Id. Under NATO Contract No. 4600001510 (colloquially known as the " Jingle Truck" contract), the sole prime contractor is TOIFOR Global Life Support Services (" TOIFOR" ), a Hungari

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an firm. Id. ΒΆ 24. Hikmat Shadman Logistics Services Company is one of the TOIFOR subcontractors for the Jingle ...


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