Lawyers representing the owners of the Equanimity superyacht are pressing the US Department of Justice for more information about the yacht’s transfer to Malaysia.
Equanimity (Cayman) Ltd's lawyers say the DOJ not only failed to provide details on its formal inquiry to Malaysia on its intentions with the yacht – including whether inquiries had even been made – but merely regurgitated general information about the transfer readily available in news reports.
The DOJ asserted in its Aug 17 court filing that the US government had no part in Indonesia’s move to transfer the yacht – which the lawyers termed an offhand remark that raises more questions than it answers.
Pointing to various media reports quoting Malaysian officials as saying that the US was in fact involved in the custody transfer, the lawyers said the DOJ must address these contradicting claims.
“The (DOJ status report on Aug 17) fails to address any of these statements, including whether the government was in fact ‘notified beforehand about Malaysia’s intentions to take custody of the defendant's asset (Equanimity).
"These statements, which contradict the statements to claimants (Equanimity Ltd and related companies), must be addressed.
“It should be expected of both parties to apprise the court of such statements, and the government’s failure to address any of the numerous and unequivocally contradictory announcements made by Malaysian government officials, such as Prime Minister Dr Mahathir Mohamad or attorney-general Tommy Thomas, only serves to needlessly impart doubt and ambiguity in these proceedings,” they said.
The lawyers said this in a court filing at the California Central District Court yesterday, which was sighted by Malaysiakini.
'Did Dr M, Thomas make inaccurate statements?'
They urged the court to order the DOJ to supplement its Aug 17 status report with more information – including whether any US government agencies or officials had any advance knowledge of or acquiesced to the transfer of the Equanimity to Malaysia.
In addition, they said the DOJ ought to be ordered to clarify its position whether Mahathir and Thomas issued inaccurate statements, and to make formal enquiries regarding Malaysia’s intentions with the yacht.
“If the government made no such inquiries and, in fact, did nothing since its Aug 6 status report, it should be ordered to so state and to explain the reason for its failure, as court-appointed custodian of the vessel, to seek to reclaim the defendant's asset,” they said.
The DOJ filed its civil forfeiture suit at the California court in June last year, seeking to seize the vessel on grounds that it had been allegedly bought with over US$250 million misappropriated from 1MDB that had been channelled through the US financial system.
Equanimity Ltd, a company controlled by the financier Low Taek Jho, is contesting the claim.
On May 15, the court granted the US government protective custody over the vessel and ordered Equanimity Ltd to surrender control of the yacht to the government.
The US government was told to bring the yacht back to US waters to facilitate an interlocutory sale of the vessel while the civil forfeiture suit was being resolved.
At the time, the vessel was still in custody of Indonesian authorities, although a Jakarta court had ordered the Indonesian police to return the vessel to Equanimity Ltd.
On Aug 5, Indonesia transferred the yacht to Malaysian custody. It arrived at Port Klang the following day.
At the same time, 1MDB filed its own claim on the vessel at the Kuala Lumpur High Court, citing the DOJ’s allegations that it had been bought with 1MDB money.
As the situation in Malaysia developed, the DOJ asked the California court to suspend proceedings to allow time for itself and any interested parties to make formal inquires to Malaysia regarding Malaysia’s intentions on the yacht.
It promised to provide an update to the court on Aug 17. On that date, the DOJ said the US governmenthad no part in Indonesia’s move to transfer custody of the yacht to Malaysia.
This, however, excludes actions that were “necessary and appropriate to maintain the safety and security of the yacht”, such as advising Equanimity’s crew to abide by the Indonesian authorities’ instructions to sail to Batam Island where the transfer was made.
The DOJ also revealed that arrangements were being made for the US government to take custody of the yacht directly from Indonesian authorities, including to refuel the vessel and renting a temporary berth in Guam. -Mkini
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