United States v. All Funds on Deposit At

District Court, District of Columbia
Judge Paul L. Friedman

United States v. All Funds on Deposit At

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Civil Action No. 04-0798 (PLF) ) 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. ) ____________________________________)

ORDER

For the reasons set forth in an Opinion issued this same day, it is hereby

ORDERED that claimant Lazarenko’s motion for partial judgment on the

pleadings [Dkt. 539] is GRANTED IN PART and DENIED IN PART; it is

FURTHER ORDERED that Lazarenko’s motion is DENIED with respect to the

First Claim — interstate transportation and receipt of property stolen or taken by fraud, in

violation of

18 U.S.C. §§ 2314

and 2315; it is

FURTHER ORDERED that Lazarenko’s motion is GRANTED with respect to

the Second Claim — Hobbs Act extortion, in violation of

18 U.S.C. § 1951

; it is

FURTHER ORDERED that Lazarenko’s motion is GRANTED with respect to

the Third Claim — wire fraud, in violation of

18 U.S.C. §§ 1343

and 1346; it is FURTHER ORDERED that Lazarenko’s motion is DENIED with respect to the

Fourth Claim — the “Foreign Offenses,” in violation of

18 U.S.C. § 1956

(c)(7)(B)(ii) and (iv);

it is

FURTHER ORDERED that Lazarenko’s motion is DENIED with respect to

the Fifth, Sixth, Seventh, and Eighth Claims — the money laundering claims, in violation of

18 U.S.C. §§ 1956

and 1957; it is

FURTHER ORDERED that judgment is GRANTED to Lazarenko on the Second

and Third Claims; it is

FURTHER ORDERED that Lazarenko’s request to lift the restraint on any assets

containing only funds that were transferred as electronic funds transfers is DENIED; and it is

FURTHER ORDERED that Lazarenko’s motion for partial summary judgment

[Dkt. 539] is DENIED.

SO ORDERED.

____/s/___________________ PAUL L. FRIEDMAN United States District Judge DATE: April 27, 2017

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Reference

Status
Published