Extra: After US Seizes Russian Oligarch Yacht Fight over Deposition Ranges from Tunisia to Vietnam

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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.

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