United States of America v. All Funds On Deposit At

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

ORDER granting in part and denying in part {{539}} claimant Lazarenko's motion for partial judgment on the pleadings; and denying {{539}} Lazarenko's motion for partial summary judgment. Signed by Judge Paul L. Friedman on April 27, 2017.

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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 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 2