United States Of America v. All Assets Listed In Attachment A, And All Interest, Benefits, And Assets Traceable Thereto

Filing 90

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 3/13/2015. (rban, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ) United States of America, Plaintiff, ) ) ) ) ) ) ) ) ) -V- All Assets Listed in Attachment A, and All Interest, Benefits, and Assets Traceable Thereto, Defendants in rem. Civil No. l:14-cv-969 Hon. Liam 0'Grady ) MEMORANDUM OPINION Before the court is the government's motion to strike the verified claim of Mona Dotcom ("Mona"). (Dkt. No. 60). The government filed a verified complaint for civil forfeiture in rem on July 29, 2014 seeking forfeiture of the assets listed in Attachment A to the complaint. (Dkt. No. 1). Mona Dotcom filed a verified claim to certain of the assets listed in Attachment A on September 1, 2014.1 (Dkt. No. 14). On October 10, 2014, she and theother claimants filed a motion to dismiss and or stay the government's forfeiture action. (Dkt. No. 19).2 On December 30, 2014, the government moved to strike Mona's claim to the assets on the ground that she lacks standing. (Dkt. No. 60). Mona opposed the motion, and the government replied. (Dkt. Nos. 73-75). The court heard oral argument on January 30, 2015. ' On August 28, 2014, claims lo theassets were filed by Finn Batato; Julius Bcncko; Kim Dotcom; Sven Lchternach; Bram van der Kolk; Mathias Ortmann; and Megaupload Limited, Megapay Limited, Megamedia Limited, Mcgastuff Limited, and Vestor Limited. (Dkt. Nos. 3-9). By order dated February 27, 2015, this court granted the government's motion to strike and dismissed the claims of those claimants pursuant to the fugitive disenlitlement statute, 28 U.S.C. ยง 2466. (Dkt. No. 82). 2This motion has been denied as to the fugitive claimants, but remains pending as to Mona. 1

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