UNITED STATES OF AMERICA v. ALL FUNDS ON DEPOSIT AT

Filing 1412

MEMORANDUM OPINION AND ORDER denying 1263 Pavel Lazarenko's motion for summary judgment on the United States' allegations related to the Ylorex Establishments account. Signed by Judge Paul L. Friedman on February 1, 2021. (lcan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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ALL ASSETS HELD AT BANK JULIUS )
Baer & Company, Ltd., Guernsey
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Branch, account number 121128, in the
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Name of Pavlo Lazarenko et al.,
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Defendants In Rem.
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____________________________________)

Civil Action No. 04-0798 (PLF)

MEMORANDUM OPINION AND ORDER
On May 1, 2020, following this Court’s opinion striking Pavel Lazarenko’s claim
to the Balford Trust, Mr. Lazarenko filed a motion for summary judgment [Dkt. No. 1263] on the
United States’ allegations related to the Ylorex Establishments account in Liechtenstein. In his
motion, Mr. Lazarenko argues that the government cannot meet its burden of proof at trial to
show that the Ylorex Establishments account is connected to unlawful activity. See Dkt.
No. 1263 at 3. On June 5, 2020, the United States filed its sealed opposition [Dkt. No. 1296],
along with a redacted version of its opposition [Dkt. No. 1293]. Mr. Lazarenko filed his reply
[Dkt. No. 1320] on July 20, 2020.
Before the parties completed briefing on Mr. Lazarenko’s summary judgment
motion, the United States filed a motion [Dkt. No. 1275] to strike Mr. Lazarenko’s claim to the
defendant assets held in the name of Beranco Engineering Establishments, Ylorex
Establishments, and Tanas AG in Liechtenstein, and all assets traceable thereto (collectively,

“Liechtenstein Accounts”). The United States argued that Mr. Lazarenko lacked constitutional,
statutory, and prudential standing to assert a claim to those assets. See Dkt. No. 1275-1 at 11.
Mr. Lazarenko opposed the motion [Dkt. No. 1319] and moved for leave to amend his claim
[Dkt. No. 1322]. The United States filed a reply and opposition [Dkt. No. 1338] to the motion to
amend and Mr. Lazarenko filed his reply [Dkt. No. 1347] in support of the motion to amend.
On December 23, 2020, this Court granted the United States’ motion to strike Mr.
Lazarenko’s claim to all assets held in the Liechtenstein Accounts. United States v. All Assets
Held at Bank Julius Baer & Company, Ltd., Civil Action No. 04-0798, 2020 WL 7640213, at *1
(D.D.C. Dec. 23, 2020). The Court concluded that Mr. Lazarenko lacked constitutional and
statutory standing to contest forfeiture of the Liechtenstein Accounts. Id. at *10, *13. The Court
also denied as futile Mr. Lazarenko’s motion to amend his claim. Id. at *14.
“[S]tanding . . . is jurisdictional.” Lewis v. Casey, 518 U.S. 343, 349 n.1 (1996).
“It is well established, [therefore], that before a federal court can consider the merits of a legal
claim, the person seeking to invoke the jurisdiction of the court must establish the requisite
standing to sue.” Whitmore v. Arkansas, 495 U.S. 149, 154 (1990). Because this Court has
concluded that Mr. Lazarenko lacks constitutional and statutory standing to assert a claim to the
Liechtenstein Accounts, including the Ylorex Establishments account, the Court does not have
jurisdiction to consider the merits of Mr. Lazarenko’s motion for summary judgment on the
Ylorex Establishments account.

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Accordingly, it is hereby
ORDERED that Mr. Lazarenko’s motion for summary judgment [Dkt. No. 1263]
on the United States’ allegations related to the Ylorex Establishments account in Liechtenstein is
DENIED.
SO ORDERED.

/s/
PAUL L. FRIEDMAN
United States District Judge
DATE: February 1, 2021

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