Equanimity lawyers cast doubt on execution of FBI's warrant

Lawyers representing the operators of superyacht the Equanimityhave questioned if the US Federal Bureau of Investigation (FBI) had properly executed the warrant to "arrest" the vessel, which was seized by the bureau and Indonesian authorities late last month.

In a court filing yesterday that was sighted by Malaysiakini, the firm represented by Naeun Rim, said the US Department of Justice (DOJ) and the FBI had "not established that it effectively executed and served the arrest warrant and process".

Rim noted that warrant was only taped, and later removed from the vessel.

This is further detailed in an email exchange between Rim and the DOJ on March 26.

"We lack sufficient information at this time to agree one way or another whether the warrant has been properly executed.

"We do not believe an FBI agent taping a piece of paper to a table on the yacht while it is in foreign waters is sufficient under any rule or statute," she wrote.

This was in response to an email from the DOJ's money laundering and asset recovery international unit deputy chief Woo Lee who said the lawyer had not challenged the DOJ's "contention that the actual arrest warrant in rem was affixed to the actual vessel".

The emails were attached as a supporting document to Rim's declaration.

Her firm, Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, are filing an ex parte order to prevent the DOJ from rushing to move the Equanimity back to the US, and possibly damage the vessel's value.

In the emails, Rim said her clients, a group of companies that handles the Equanimity 's operations and maintenance, are willing to comply with the warrant.

"The claimants intend to comply with any lawfully executed arrest warrant.

"If, however, the Indonesian courts rule that the seizure or transfer are invalid, we explained that we would need clarification - from the Indonesian court and or this (US) court pertaining to the legal status of the yacht."

This is in reference to a legal challenge filed by Equanimity (Cayman) Ltd to halt US authorities attempts to seize the vessel.

Rim noted that the claimants want its crew to remain on the superyacht to properly maintain it, and are open to having authorities on board.

The US$250 million superyacht linked to businessperson Low Taek Jho is among several assets being sought by the DOJ for allegedly being acquired using funds it says were misappropriated from Malaysian state fund 1MDB.

Low has denied any wrongdoing while 1MDB insists that all its money is accounted for.

In particular, Low claimed that the allegations against him are politically motivated and the seizure perpetuates DOJ’s “pattern of global overreach”.  -Mkini