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Tuesday, April 10, 2018

Equanimity lawyer: Don't let US gov't become 'fox guarding henhouse'



The group that owns and operates the Equanimity have filed fresh objections against the US government's seizure of the superyacht.
In the introduction for its latest filing sighted by Malaysiakini, the group's lawyer, Naeun Rim, pleaded with the California district court to reject the US government's efforts to become the yacht's custodian.
"The (US) government requests that the court appoint it as the fox guarding the henhouse. The court should refuse to do so," Rim wrote.
Rim argues that the US government had in seizing the Equanimity violated US Code (USC) 983(j), the law that covers the seizure of items under civil forfeiture.
Two points she raised were that USC 983(j) does not apply to assets located overseas, and that it does not authorise foreign intervention and repatriation of property located abroad.
She also reiterated that the US government's assertions that the Equanimity's operators had purposely made the vessel difficult to track were untrue.
A supporting declaration attached with the submission provided data and a map of the superyacht’s past travel routes from 2016 onwards.
The Equanimity is one of several assets that the DOJ is seeking to seize as part of its 1MDB-related civil forfeiture suits.
The department claimed that businessperson Jho Low had used US$250 million allegedly misappropriated by 1MDB to purchase the superyacht.
1MDB has denied that any of its funds are missing.
The Equanimity was seized in Bali during a joint operation involving Indonesian authorities and the Federal Bureau of Investigation on Feb 28.
Equanimity (Cayman) Ltd and the other sister companies which own and manage the yacht, is challenging the seizure in Indonesian courts. - Mkini

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