United States of America v. All Funds On Deposit At

District of Columbia, dcd-1:2004-cv-00798

ORDER granting {{970}} the motion of the United States for clarification or partial reconsideration of the Court's Opinion of April 27, 2017, granting in part and denying in part claimant Pavel Lazarenko's motion for partial judgment on the pleadngs. Signed by Judge Paul L. Friedman on April 23, 2018.

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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 the motion [Dkt. No. 970] of the United States for clarification or partial reconsideration of the Court's opinion of April 27, 2017, granting in part and denying in part claimant Pavel Lazarenko's motion for partial judgment on the pleadings, is GRANTED; it is FURTHER ORDERED on reconsideration that the allegations in the amended complaint are sufficient to allege the following claims for relief in connection with the PMH/GHP scheme: interstate transportation and receipt of property stolen or taken by fraud, in violation of 18 U.S.C. §§ 2314 and 2315 (Claim One); foreign extortion and foreign bribery, misappropriation, theft, or embezzlement, in violation of 18 U.S.C. §§ 1956(c)(7)(B)(ii) and (iv) (Claim Four); and the money laundering claims in violation of 18 U.S.C. §§ 1956 and 1957 (Claims Five through Eight); the United States may pursue these claims at trial; and it is FURTHER ORDERED that the Court's opinion of April 27, 2017 is clarified to hold that the allegations in the amended complaint are sufficient to allege, inter alia, the following claims for relief in connection with the UESU and ITERA Energy schemes: foreign extortion in violation of 18 U.S.C. § 1956(c)(7)(ii) (Claim Four); and money laundering based on foreign extortion under 18 U.S.C. §§ 1956 and 1957 (Claims Five though Eight); the United States may pursue these claims at trial. SO ORDERED. _________/s/______________ PAUL L. FRIEDMAN United States District Judge DATE: April 23, 2018 2