Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. All Assets Held at Bank Julius

United States District Court, District of Columbia

April 27, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ALL ASSETS HELD AT BANK JULIUS, Baer & Company, Ltd., Guernsey Branch, account number 121128, in the Name of Pavlo Lazarenko et al ., Defendants In Rem.

          OPINION

          PAUL L. FRIEDMAN United States District Judge.

         This is a civil in rem action in which the United States seeks forfeiture of over $250 million scattered throughout bank accounts located in Guernsey, Liechtenstein, Lithuania, Switzerland, and Antigua and Barbuda. The United States alleges that this money is the proceeds of violations of certain criminal statutes and therefore is subject to forfeiture. Based on recent Supreme Court precedent regarding the extraterritorial reach of certain U.S. statutes, Claimant Pavel Lazarenko, also known as Pavlo Lazarenko, argues that this forfeiture action is an impermissible application of U.S. law to foreign conduct. He seeks a partial judgment on the pleadings or, in the alternative, partial summary judgment. Upon consideration of the parties' papers, the relevant legal authorities, and the arguments of counsel in open court on January 25, 2017, the Court will grant in part and deny in part Lazarenko's motion for partial judgment on the pleadings. The Court concludes that it would be inappropriate at this stage in the litigation to consider this motion as a motion for partial summary judgment.[1]

         I. FACTUAL AND PROCEDURAL BACKGROUND

         The Court's prior opinions summarize the factual and procedural history of this case, starting with the criminal prosecution of Lazarenko and continuing through this long-running civil forfeiture proceeding. See, e.g., United States v. All Assets Held at Bank Julius Baer & Co., Ltd., 307 F.R.D. 249, 250-51 (D.D.C. 2014); United States v. All Assets Held at Bank Julius Baer & Co., Ltd., 959 F.Supp.2d 81, 84-94 (D.D.C. 2013); United States v. All Assets Held at Bank Julius Baer & Co., Ltd., 772 F.Supp.2d 205, 207-08 (D.D.C. 2011); United States v. All Assets Held at Bank Julius Baer & Co., Ltd., 571 F.Supp.2d 1, 3-6 (D.D.C. 2008) (“All Assets I”). In brief, Lazarenko was “a prominent Ukrainian politician who, with the aid of various associates, was ‘able to acquire hundreds of millions of United States dollars through a variety of acts of fraud, extortion, bribery, misappropriation and/or embezzlement' committed during the 1990s.” United States v. All Assets Held at Bank Julius Baer & Co., Ltd., 959 F.Supp.2d at 85 (quoting Am. Compl. ¶¶ 1, 10).

         When Lazarenko filed a motion to dismiss this case for lack of subject matter jurisdiction and for failure to state a claim under Rule 12(b) of the Federal Rules of Civil Procedure, he argued in part that the Court lacked jurisdiction over the alleged conduct abroad. See All Assets I, 571 F.Supp.2d at 10 n.8, 12-13. In 2008, the Court denied Lazarenko's motion, briefly discussing extraterritoriality. Id. at 10 n.8. Lazarenko now argues that recent Supreme Court precedent requires the Court to dismiss or narrow all of the United States' alleged claims. Mot. at 1-2. Lazarenko filed this motion in light of the Supreme Court's decisions in Morrison v. National Australian Bank Ltd., 561 U.S. 247 (2010), which announced a new framework for determining whether a federal statute applies extraterritorially, and Skilling v. United States, 561 U.S. 358, 408 (2010), which held that 18 U.S.C. § 1346, the honest services fraud statute, prohibits only bribery-and-kickback schemes and not conflict-of-interest schemes. The Court permitted supplemental briefing after the Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, 136 S.Ct. 2090, 2102 (2016), in which the Supreme Court concluded that the Racketeer Influenced and Corrupt Organizations Act (“RICO”) applies extraterritorially in limited circumstances.

         A. Overview of Claims

         The United States brings eight claims for forfeiture under two general categories. The First, Second, Third, and Fourth Claims allege direct forfeiture of criminal proceeds pursuant to 18 U.S.C. § 981(a)(1)(C), which provides for the direct forfeiture of proceeds from the violation of certain enumerated criminal statutes or “any offense constituting ‘specified unlawful activity'” as defined by 18 U.S.C. § 1956(c)(7). See Am. Compl. ¶¶ 120-39. The Fifth, Sixth, Seventh, and Eighth Claims allege forfeiture of property involved in money laundering violations pursuant to 18 U.S.C. § 981(a)(1)(A), which provides for, among other things, the forfeiture of any real or personal property involved in or traceable to a violation of 18 U.S.C. §§ 1956 and 1957. See Am. Compl. ¶¶ 140-55. The United States alleges that all defendants in rem are subject to forfeiture under any of the alleged claims. See id. ¶¶ 124, 129, 134, 139, 143, 147, 151, 155.

         1. Section 981(a)(1)(C) Direct Forfeiture Claims

         The direct forfeiture claims allege that the defendant properties constitute or are derived from proceeds traceable to violations of four offenses that are considered “specified unlawful activity” under 18 U.S.C. § 1956(c)(7). See 18 U.S.C. § 981(a)(1)(C). The three offenses for which a part of the criminal conduct allegedly occurred in the United States are: interstate transportation and receipt of property stolen or taken by fraud, in violation of 18 U.S.C. §§ 2314 and 2315 (First Claim); Hobbs Act extortion, in violation of 18 U.S.C. § 1951 (Second Claim); and wire fraud, including property and honest services fraud, in violation of 18 U.S.C. §§ 1343 and 1346 (Third Claim). The two foreign offenses for which direct forfeiture is alleged and authorized by law are: an offense against a foreign nation of extortion and an offense against a foreign nation of bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official; these offenses are specifically enumerated in 18 U.S.C. §§ 1956(c)(7)(B)(ii) and (iv) (Fourth Claim).

         2. Section 981(a)(1)(A) Money Laundering Forfeiture Claims

         The money laundering claims allege that the defendant properties were involved in or traceable to money laundering transactions or attempted money laundering transactions. The violations of money laundering law alleged in the Amended Complaint include: conduct designed to conceal the nature, location, source, ownership, or control of proceeds of a specified unlawful activity under 18 U.S.C. § 1956(a)(1)(B)(i) (Fifth Claim); international transportation, transmission, or transfer of proceeds of a specified unlawful activity under 18 U.S.C. § 1956(a)(2)(B)(i) (Sixth Claim); engaging in or attempting to engage in monetary transactions affecting interstate or foreign commerce with more than $10, 000 in proceeds of a specified unlawful activity under 18 U.S.C. § 1957 (Seventh Claim); and conspiracy to engage in money laundering under 18 U.S.C. § 1956(h) (Eighth Claim). The United States alleges the same four predicate offenses occurring in part in the United States and the same foreign extortion predicate as in its direct forfeiture claims as a basis for the money laundering allegations. Foreign official bribery, misappropriation, theft, or embezzlement, as enumerated under 18 U.S.C. § 1956(c)(7)(B)(iv), is not alleged as a basis for the money laundering claims.[2]

         B. Overview of Alleged Conduct

         In the Amended Complaint, the United States alleges that the defendant properties are traceable to four criminal schemes. See Am. Compl. ¶¶ 1, 21-54. These schemes allege largely foreign conduct in which Lazarenko, through his position as a public official, and his associates diverted millions of dollars for his personal use. See, e.g., id. ¶¶ 6-14. The United States alleges that some negotiations took place in the United States, id. ¶ 14, and that some corporations incorporated in the United States made payments to Lazarenko and his associates, id. ¶¶ 41-42. But the primary bases for the alleged domestic conduct are numerous financial transactions to, from, and through the United States. See, e.g., id. ¶¶ 56, 64, 72, 74, 80, 83-84, 106, 111-13, 115. There are two types of transactions alleged: (1) transfers to or from accounts in the United States and (2) electronic funds transfers, or EFTs, which are routed through U.S. financial institutions.

         II. LEGAL STANDARD

         Lazarenko seeks a partial judgment on the pleadings or, in the alternative, partial summary judgment. Mot. at 1. The United States argues that the Court should construe Lazarenko's motion as a motion for reconsideration because these issues were presented in Lazarenko's original motion to dismiss, which the Court denied in All Assets I. Opp. at 1. The Court will consider Lazarenko's motion as a motion for partial judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure, not as a motion for reconsideration or for summary judgment, for two reasons. First, although the Court discussed issues regarding extraterritoriality in All Assets I, the Supreme Court has fundamentally changed the framework for considering extraterritoriality issues. To treat the pending motion as a motion for reconsideration would be inappropriate after the Supreme Court's decisions in Morrison v. National Australian Bank Ltd., 561 U.S. 247, and RJR Nabisco, Inc. v. European Community, 136 S.Ct. 2090. Second, “summary judgment is premature unless all the parties have ‘had a full opportunity to conduct discovery.'” Convertino v. U.S. Dep't of Justice, 684 F.3d 93, 99 (D.C. Cir. 2012) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257 (1986)). The parties submitted all of their substantive briefing on this motion before fact discovery had closed, and summary judgment therefore is inappropriate at this time. The Court will consider Lazarenko's motion as a motion for partial judgment on the pleadings.

         Rule 12(c) states that “[a]fter the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings.” Fed.R.Civ.P. 12(c); see also Hill v. U.S. Dep't of Defense, 70 F.Supp.3d 17, 19 (D.D.C. 2014). Although a motion for judgment on the pleadings “is functionally identical to a Rule 12(b)(6) motion to dismiss for failure to state a claim, ” Hill v. U.S. Dep't of Defense, 70 F.Supp.3d at 19 (citation omitted), the standard under Rule 12(c) is slightly different in terms of its focus. “The granting of a Rule 12(b) motion typically merely means that the plaintiff has failed to satisfy one of the procedural prerequisites for asserting his claim for relief. A motion for judgment on the pleadings, however, theoretically is directed towards a determination of the substantive merits of the controversy . . . .” 5C Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1369 (3d ed. 2017). A court therefore grants partial judgment if “it is clear that the merits of the controversy can be fairly and fully decided in this summary manner.” Id.

         “To survive a motion for judgment on the pleadings, a complaint need only provide ‘a short and plain statement of the claim showing that the pleader is entitled to relief, ' in order to ‘give the defendant fair notice of what . . . the claim is and the grounds upon which it rests.'” Hill v. U.S. Dep't of Defense, 70 F.Supp.3d at 19 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)).[3] “‘Detailed factual allegations' are unnecessary so long as the allegations contain sufficient facts, ‘accepted as true, to state a claim for relief that is plausible on its face.'” Id. (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).

         On a motion for judgment on the pleadings, the Court construes the complaint liberally in the plaintiff's favor and grants the plaintiff “the benefit of all inferences that can be derived from the facts alleged.” United States v. All Assets Held at Bank Julius Baer & Co., Ltd., 772 F.Supp.2d at 197 (quoting Kowal v. MCI Commc'ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994)). “Nevertheless, the Court need not accept inferences drawn by the [plaintiff] if those inferences are unsupported by facts alleged in the claim and answer, nor must the Court accept the [plaintiff's] legal conclusions.” Id. (citing Kowal v. MCI Commc'ns Corp., 16 F.3d at 1276). As with a motion to dismiss for a failure to state a claim under Rule 12(b)(6), the Court may grant judgment on the pleadings only if the facts alleged in the claim and answer do not “raise a right to relief above the speculative level, ” Bell Atl. Corp. v. Twombly, 550 U.S. at 555, or fail to “state a claim to relief that is plausible on its face.” Id. at 570.

         In deciding the motion for judgment on the pleadings, “a court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits or incorporated by reference, and matters about which the court may take judicial notice.” Allen v. U.S. Dep't of Educ., 755 F.Supp.2d 122, 125 (D.D.C. 2010) (citing Abhe & Svoboda, Inc. v. Chao, 508 F.3d 1052, 1059 (D.C. Cir. 2007)); see also 5C Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1367 (3d ed. 2017). The Court will rely on the Amended Complaint and Lazarenko's First Amended Answer.[4]

         III. DISCUSSION

         A. Determining the Extraterritorial Reach of Section 981(a)(1)(A) and (C)

         1. Extraterritoriality Analysis Post-Morrison

         “Absent clearly expressed congressional intent to the contrary, federal laws will be construed to have only domestic application.” RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2100 (citing Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. at 255). This principle is known as the presumption against extraterritoriality. Id. (citing Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. at 255). When a complaint alleges conduct that occurred in whole or in part abroad, the Court must determine whether “Congress has affirmatively and unmistakably” instructed that the statute at issue applies to foreign conduct. Id. (citing Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. at 261). “When a statute gives no clear indication of an extraterritorial application, it has none.” Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. at 255; see also EEOC v. Arabian Am. Oil Co., 499 U.S. 244, 248 (1991).

         The Supreme Court has developed a two-step framework for analyzing extraterritoriality issues. First, the Court must ask “whether the presumption against extraterritoriality has been rebutted - that is, whether the statute gives a clear, affirmative indication that it applies extraterritorially.” RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2101. Courts must address this first step of the extraterritoriality inquiry “regardless of whether the statute in question regulates conduct, affords relief, or merely confers jurisdiction.” Id. “If the statute is not extraterritorial, then at the second step [the court] determine[s] whether the case involves a domestic application of the statute, and [does] this by looking to the statute's ‘focus.'” Id. “If the conduct relevant to the statute's focus occurred in the United States, then the case involves a permissible domestic application even if other conduct occurred abroad; but if the conduct relevant to the focus occurred in a foreign country, then the case involves an impermissible extraterritorial application regardless of any other conduct that occurred in U.S. territory.” Id. Although the Supreme Court has noted that courts typically should start with the first step because it may “obviate step two's ‘focus' inquiry, ” courts are not precluded from “starting at step two in appropriate cases.” Id. at 2101 n.5.

         Few courts have considered the extraterritorial application of the civil forfeiture statute, 18 U.S.C. § 981, after Morrison. See, e.g., United States v. Prevezon Holdings Ltd., 122 F.Supp.3d 57 (S.D.N.Y. 2015). Furthermore, the structure of the civil forfeiture statute presents a threshold question of where the Court should begin its extraterritoriality analysis. Like the RICO statute at issue in RJR Nabisco, the civil forfeiture statute references and incorporates other statutes. Section 981(a)(1)(C) incorporates other criminal statutes - the criminal violations that permit direct forfeiture. Section 981(a)(1)(A) incorporates three money laundering statutes, which prohibit the money laundering of proceeds of other specified unlawful activity, enumerated in other criminal statutes.

         For this reason, the parties offer two potential analytical frameworks for determining the extraterritoriality issues in this case - (1) by starting with the civil forfeiture provision itself, 18 U.S.C. § 981, or (2) instead by focusing on the underlying criminal statutes - or predicates - that subject the property to civil forfeiture. In RJR Nabisco, the Supreme Court first considered the statute at issue, 18 U.S.C. § 1962, before turning to any incorporated statutes. 136 S.Ct. at 2101. The same analysis is necessary here because if 18 U.S.C. § 981 rebuts the presumption against extraterritoriality by its own terms, there is no need to look at the underlying criminal statutes. In addition, the two civil forfeiture provisions at issue here - 18 U.S.C. § 981(a)(1)(A) and (C) - operate differently, so the Court must address each provision separately.

         2. Whether 18 U.S.C. § 981(a)(1)(A) and (C) Rebut the Presumption Against Extraterritoriality

         There is no question that Congress has authorized the United States to seize property located abroad. See 28 U.S.C. § 1355. At issue here, however, is whether the civil forfeiture statute permits the United States to seize property - in this case, money - that is derived from or traceable to crimes that allegedly were committed in whole or in part abroad. As previously noted, the Court must first determine whether the presumption against extraterritoriality has been rebutted - that is, whether 18 U.S.C. § 981 “gives a clear, affirmative indication that it applies extraterritorially.” RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2101.[5] The Supreme Court has instructed that to determine whether a particular statute rebuts the presumption against extraterritoriality, courts may look to the text, context, and structure of the statute. Id. at 2102-03; see also Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. at 265 (“[C]ontext can be consulted as well.”)

         The text of 18 U.S.C. § 981(a)(1)(A) and (C) provides little indication that the two provisions apply extraterritorially. Section 981(a)(1)(A) states that any real or personal property is subject to forfeiture to the United States if it is “involved in a transaction or attempted transaction in violation of section 1956, 1957, or 1960 of [Title 18], or any property traceable to such property.” Section 981(a)(1)(C) states that any real or personal property is subject to forfeiture if it “constitutes or is derived from proceeds traceable” to a violation of one of certain enumerated statutes or “any offense constituting ‘specified unlawful activity' (as defined by section 1956(c)(7)).” Nothing in this language shows a clear intent from Congress that the civil forfeiture statute applies to conduct abroad.

         The structure of Section 981, however, is similar to the RICO statute at issue in RJR Nabisco, Inc. v. European Community, which leads the Court to conclude that the civil forfeiture statute applies extraterritorially in certain circumstances. In RJR Nabisco, the Supreme Court considered whether 18 U.S.C. § 1962 (the substantive RICO statute) applies to conduct abroad and whether Section 1964(c) (RICO's civil private right of action) applies to injuries abroad. 136 S.Ct. at 2099-2100. Section 1962 prohibits certain activities that are conducted through a pattern of racketeering activity. See 18 U.S.C. § 1962(a)-(c). Section 1961 includes all of the possible crimes, or “predicate acts, ” that can constitute racketeering activity for the purposes of RICO. See 18 U.S.C. § 1961(1). The Court determined that because some RICO predicates “plainly apply to at least some foreign conduct, ” Section 1962 was intended to apply and does apply to racketeering conduct abroad “to the extent that the predicates alleged in the particular case themselves apply extraterritorially.” RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2102. The Supreme Court concluded that “[t]his unique structure makes RICO the rare statute that clearly evidences extraterritorial effect despite lacking an express statement of extraterritoriality.” Id. at 2103.

         Despite its conclusion that the substantive RICO provision applies extraterritorially, the Supreme Court determined that the civil RICO private right of action provision, 18 U.S.C. § 1964(c), must be analyzed separately. RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2106. Noting that “a private civil remedy for foreign conduct creates a potential for international friction beyond that presented by merely applying U.S. substantive law to conduct abroad, ” the Supreme Court concluded that nothing in the text or context of Section 1964(c) indicated that Congress clearly intended to provide for a private right of action to individuals who suffered RICO injuries abroad. Id. at 2107-08.

         Lazarenko argues that Section 981 is essentially the same as Section 1964(c) - the civil RICO private right of action provision - and like Section 1964(c), the text of the Section 981 provides no indication that the civil forfeiture provision applies and was intended to apply to conduct abroad. Claimant's Suppl. Br. at 4-6; Claimant's Suppl. Reply at 5-6. The Court disagrees. Although the text of Section 981 provides no indication that the statute applies abroad, the structure of the statute is similar to the structure of Section 1962, the substantive provision of the RICO statute. Both statutes incorporate other criminal statutes as a means to determine what conduct is proscribed, and in the case of Section 981, what specific property is subject to forfeiture.

         Section 981(a)(1)(C) lists as predicate acts the violation of specific criminal statutes and other “specified unlawful activity” as defined by 18 U.S.C. § 1956(c)(7). Section 1956(c)(7) defines specified unlawful activity to include “any act or activity constituting an offense listed in section 1961(1)” - in other words, the same list of predicate crimes that the Supreme Court determined allowed for the extraterritorial application of the substantive RICO provision in 18 U.S.C. § 1962. Section 1956(c)(7) also includes certain offenses “against a foreign nation” that necessarily apply to foreign conduct. See 18 U.S.C. § 1956(c)(7)(B). The structure of Section 981(a)(1)(C) and the statutes that it incorporates clearly indicate that Congress intended Section 981(a)(1)(C) to apply to some conduct abroad. See RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2101. The Court therefore concludes that Section 981(a)(1)(C) applies extraterritorially to the extent that the underlying criminal statute or the specified unlawful activity applies to conduct abroad.

         Section 981(a)(1)(A) directly incorporates three money laundering statutes: 18 U.S.C. §§ 1956, 1957, and 1960. Sections 1956 and 1957, violations of which are alleged here, explicitly provide for extraterritorial application, with certain limitations as to their reach. See 18 U.S.C. §§ 1956(f), 1957(d); see also infra at 15-24. The Court therefore concludes that the structure of Section 981(a)(1)(A) also indicates that the provision applies and was intended to apply to conduct abroad to the extent that the conduct comes within the terms of the extraterritorial provisions of Sections 1956 and 1957. See RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2101. As the Supreme Court noted in RJR Nabisco, “when a statute provides for some extraterritorial application, the presumption against extraterritoriality operates to limit that provision by its terms.” Id. at 2102 (quoting Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. at 265).

         The Court's next inquiry can be summarized in the following way: For the money laundering claims, brought under Section 981(a)(1)(A), the Court has already noted that these statutes have express extraterritorial provisions, and the Court therefore must determine whether the alleged conduct falls within the extraterritorial terms of the money laundering statutes. There is no need for the Court to look at the “focus” of the money laundering statutes. See RJR Nabisco, Inc. v. European Cmty., 136 S.Ct. at 2101. For the other claims, brought under Section 981(a)(1)(C), the Court must determine whether the underlying criminal statute or the specified unlawful activity applies extraterritorially and, if it does not, determine whether the alleged conduct would constitute a permissible domestic application of the statute by looking at the statute's “focus.” Id.

         B. Extraterritorial Reach of the United States' Claims

         1. Fifth, Sixth, and Eighth Claims - Money Laundering Under 18 U.S.C. § 1956

         The United States brings three claims for relief under 18 U.S.C. § 1956. It asserts that under 18 U.S.C. § 981(a)(1)(A) the defendants in rem are property involved in a transaction or attempted transaction or traceable to violations of three money laundering provisions: money laundering, in violation of Section 1956(a)(1)(B)(i) (Fifth Claim); international money laundering, in violation of Section 1956(a)(2)(B)(i) (Sixth Claim); and conspiracy to commit money laundering, in violation of Section 1956(h) (Eighth Claim). See Am. Compl. ¶¶ 140-47, 152-55.

         The language of 18 U.S.C. § 1956 expressly indicates that Congress intended for the statute to apply to conduct abroad. Section 1956(f) states that “[t]here is extraterritorial jurisdiction over the conduct prohibited by this section if - (1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and (2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10, 000.” There is no dispute that (1) Mr. Lazarenko and his alleged coconspirators are not U.S. citizens and (2) the transactions or the series of related transactions alleged in the Amended Complaint exceed $10, 000 dollars. The Court therefore must determine whether the transactions alleged in the Amended Complaint occurred “in part in the United States.”

         Lazarenko concedes that a transfer from a foreign account to an account in a U.S. financial institution and a transfer from a U.S. account to a foreign financial institution occur in part in the United States under 18 U.S.C. § 1956(f). Reply at 29; see, e.g., United States v. Hawit, No. 15-cr-0252, 2017 WL 663542, at *9 (E.D.N.Y. Feb. 17, 2017); United States v. Galvis-Pena, No. 09-cr-0025, 2012 WL 425240, at *3-4 (N.D.Ga. Feb. 9, 2012); United States v. Stein, No. 93-cr-0375, 1994 WL 285020, at *5 (E.D. La. June 23, 1994). Further, the legislative history of the statute indicates that Congress intended the provision to apply to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.