United States of America v. 2013 Lamborghini Aventador LP700-4, VIN: ZHWEC1476CLA01032, Bangkok Plate Number: 4 Kor Kai Tor Tung et al

Filing 14

POST-COMPLAINT PROTECTIVE ORDER signed by Chief Judge Lawrence J. O'Neill on 10/30/2017. (Jessen, A)

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PHILLIP A. TALBERT
United States Attorney
GRANT B. RABENN
PAUL A. HEMASATH
KEVIN C. KHASIGIAN
Assistant U. S. Attorneys
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: [phone]
KENNETH A. BLANCO
Acting Assistant Attorney General
Criminal Division, United States Justice Department
LOUISA K. MARION
Trial Attorney
Computer Crime and Intellectual Property Section
Washington, DC 20530
Telephone: [phone]
Attorneys for Plaintiff
United States of America
Attorneys for the United States
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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1:17-CV-00967-LJO-SKO

Plaintiff,

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v.

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ALEXANDRE CAZES,
a/k/a “Alpha02,”
a/k/a “Admin,”

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POST-COMPLAINT
PROTECTIVE ORDER

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Defendant,

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2013 LAMBORGHINI AVENTADOR LP700-4, VIN:
ZHWEC1476CLA01032, BANGKOK REGISTERED
PLATE NUMBER: 4 KOR KAI TOR TUNG – 3620
BANGKOK, et al.,

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Defendants-in-rem.

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Post-Complaint Protective Order

POST-COMPLAINT PROTECTIVE ORDER

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The United States has made an ex parte application to this Court, pursuant to 18 U.S.C. §

3 983(j)(1)(A), for a restraining order to preserve the availability of certain real property that is subject to
4 forfeiture in the above-styled civil forfeiture action. In particular, the United States requests a restraining
5 order to preserve the following real properties (“Subject Properties”):
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514, Soi 28 off Phutta Monthon Sai 3 Road Khwaeng Sala Thammasop, Khet Thawee
Watthana, Bangkok, Thailand

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522, Soi 28 off Phutta Monthon Sai 3 Road Khwaeng Sala Thammasop, Khet Thawee
Watthana, Bangkok, Thailand

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Villa Torcello, 28/18 Moo 6, Kamala, Kathu, Phuket 83150, Thailand

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1399/8 Granada Pin Klao-Phet Kasem Housing Estate, Kanchana Phisk Road, Khwaeng Bang
Khae Nua, Khet Bang Khae, Bangkok, Thailand

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Villa 1 at the Sea Pearl Residences, Paralimni Famagusta, Cyprus

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#302 Nonsuch Bay Condominiums (C-200080017, LOT #9), St. Phillips South, Antigua and
Barbuda.

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Based upon the Government’s application and the filing of the civil forfeiture Complaint, it is

15 hereby ORDERED, ADJUDGED AND DECREED THAT:
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1.

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Pursuant to 18 U.S.C. 983(j)(1)(A) and Supplemental Rule G(7)(a), the Subject Properties
are hereby RESTRAINED forthwith.

2.

All persons, including and specifically those affiliated with AlphaBay, Alexandre Cazes or

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one of Cazes’ shell companies, their agents, servants, employees, attorneys, assignees,

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family members, partners, associates and those persons in active concert or participation

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with them, and anyone holding any interest in the Subject Properties, be and are hereby

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ENJOINED AND RESTRAINED forthwith from transferring, selling, assigning,

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pledging, distributing, giving away, encumbering or otherwise participating in the disposal

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of (by transfer of securities, currency, cryptocurrency or otherwise) or removal from the

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jurisdiction of this Court, any interest whatsoever, direct or indirect, in the Subject

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Properties, without prior approval of the Court upon notice to the United States and an

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opportunity for the United States to be heard, except as specified in this Order or any

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future Orders entered by this Court.

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Post-Complaint Protective Order

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2.

All persons, including and specifically those affiliated with AlphaBay, Alexandre Cazes or

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one of Alexandre Cazes’ shell companies, their agents, servants, employees, attorneys,

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assignees, family members, partners, associates and those persons in active concert or

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participation with them, and anyone holding any interest in the Subject Properties, may

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not in any way dispose of, deal with or take any action that would diminish the value of

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the Subject Properties, including, but not limited to, transferring the proceeds generated

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from renting the Subject Properties to Alexandre Cazes, his family members or associates,

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or one of his shell companies.

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3.

Court.

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The terms of this Order shall remain in full force and effect until otherwise ordered by this

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The United States shall make its best efforts to provide a copy of this Court’s Order on

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Potential Claimants, the known beneficial owners of the Subject Properties, the

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management companies operating and renting the Subject Properties, and to anyone else

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known to the United States as holding a protected interest in the Specified Properties.

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The United States may request and seek the assistance of foreign authorities, including the

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Kingdom of Thailand, Republic of Cyprus, and Antigua and Barbuda, in enforcing the

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provisions of this order.

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6.

Any rental proceeds generated from the Subject Properties shall be held by the

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management company in a separate, segregated bank account and the management

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company shall provide quarterly balances to the United States. In addition, the

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management companies shall terminate any existing association to pay rental proceeds to

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Cazes.

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7.

The Court finds that the entry of this protective order vests the Court with in rem
jurisdiction over the Subject Properties.

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25 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

October 30, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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Post-Complaint Protective Order