| After US Seizes
Russian Oligarch Yacht Fight
over Deposition Ranges from
Tunisia to Vietnam
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Aug 12 – On October 23, 2023
DOJ announced the filing of a
civil forfeiture complaint
against the Motor Yacht
Amadea, a 348-foot luxury
vessel worth over $300
million, beneficially owned by
Russian oligarch Suleiman
Kerimov and maintained in
violation of applicable
sanctions against Kerimov and
those acting on his
behalf.
Inner City Press has been
covering the case from that
beginning. On August 12, 2024
U.S. District Court for the
Southern District of New York
Judge Dale E. Ho held a
proceeding about where to
depose claimant Euard
Yurievich Khudainatov. Inner
City Press live tweeted it, thread:
Judge Ho: So you
plan to use an MLA for the
deposition?
DOJ lawyer: We're
preparing one. Judge:
How long would it take in the
countries the claimant offers?
DOJ lawyer: Vietnam and
Tunisia, both of them take a
long time, month or years.
Tunisia, no response
expected
Judge: What about
a deposition at the US embassy
in these countries?
DOJ lawyer: They
say they are not open to that,
not in any US government
building. And we'd have
to do an MLA request in any
event.
For
Khudainatov, Adam Ford: For
our other client, his
assistant we've identified,
we've also offered Instanbul.
Our clients are willing to try
to find a mutually acceptable
location. There are filings
not in the public view which
show our problems pro-US
locations Judge: Just to
understand, what about Guam or
the Northern Mariana Islands?
[Echo of Julian Assange plea]
Khudainatov's
lawyer: Not acceptable. We
thought the UAE was
reasonable, they are modern
and safe.. DOJ lawyer: The
Bahamas does not require an
MLA DOJ's lawyer: Their new
security concerns are not well
founded. We could explain...
Judge: Maybe later.
DOJ's lawyer: We are not open
to the UAE as a forum, for the
reasons in Special Agent
McGee's declaration [NOTE:
that deposition is only for
"Selected Parties"]
Judge: How about
a video deposition? Where
would he be? Khudainatov's
lawyer: We think Dubai, we
think it's safe. There's a
time difference. The
government could travel to
London. Judge: Certain
filing are under seal. Are
there arguments while we're
still open?
DOJ lawyer:
We need to be in the same
room. A claimant should come
to this forum. We've drafted a
safe passage letter, no
comments. First he said he had
concerns about the US'
intentions and his safety,
about a "politically expedient
arrest." DOJ
lawyer: Now he says he says
security concerns about
Russia, that the Kremlin will
see him as a cooperator if he
comes here
Khudainatov's
lawyer: Your Honor!
DOJ's lawyer: He
is a Kremlin insider. His
rationale is not credible. He
should come to the US
Khudainatov's lawyer: You can
judge credibility over Zoom.
They're not traveling to
assess credibility. They're
already saying he is a liar.
The US reached about the
seized the vessel in Fiji.
He's basically a defendant. We
are not suggesting that DOJ go
to Russia
Khudainatov's
lawyer: Now is not the time to
discuss my client's
relationship with the Russian
government. DOJ's reckless
statements, we take issue with
them. Judge: Why the assistant
in Turkey, and not Mr.
Khudainatov?
Khudainatov's
lawyer: Good question
Khudainatov's
lawyer: It's about which
countries have extradition
treaties with the US.
Judge: No safe passage letter
can assure you? Khudainatov's
lawyer: No, for the reasons in
our prior [sealed] filings.
DOJ lawyer: We
have no noticed an depo of the
assistant DOJ lawyer: We
want to file a five page
supplement brief. Judge:
I'll rule on all of this soon.
DOJ lawyer: We want to prevent
witness coaching Khudainatov's
lawyer: That's
outrageous
Judge: Well OK
thank you, we are adjourned.
More on X for
Subscribers here
& Substack here
The case is
United States of America v.
The M/Y Amadea, a Motor Yacht
Bearing International Maritime
Organization No. 1012531,
Including All Fixtures,
Fittings, Manuals, Stocks,
Stores, Inventories, and Each
Lifeboat, Tender, and Other
Appurtenance Thereto,
23-cv-9304 (Ho)
***
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