Indonesian authorities retook this month the Equanimity superyacht allegedly bought using misappropriated 1MDB funds, the US Department of Justice (DOJ) disclosed in a court filing yesterday.
This came after the previous seizure carried out in February was declared null and void on technical grounds.
Online news portal MalaysiaKini reported the filing was meant to notify the court of that the arrest warrant issued by the court on June 16 last year had been executed.
“On July 9, 2018, Indonesian authorities executed the process by boarding the Equanimity with a copy of the warrant of arrest in rem.
“During that boarding, the Indonesian authorities adhered a copy of the warrant of arrest in rem on the yacht and handed another copy of the warrant of arrest in rem to the Equanimity’s captain,” reads the filing lodged by the DOJ to the California Central District Court, which was sighted by the news portal.
The court filing, which included pictures of the warrant being served by the Indonesian police aboard the Equanimity, said that a request for mutual legal assistance (MLA) to the Indonesian Ministry of Law and Human Rights was submitted by the DOJ’s Office of International Affairs on April 19, and was carried out on July 9.
Based on the US Federal Bureau of Investigation (FBI) report on the warrant service that was, the intelligence agency was informed by the Indonesian police that the yacht’s captain was accompanied by a lawyer at the time when the arrest warrant was served.
“The Indonesian National Police believed that the attorney represented the yacht’s owners,” the report said.
The details on how the seizure would affect the vessel, its crew and the legal battle for its custody was not stated clearly.
A civil forfeiture suit against the US$250 million (RM 1billion) vessel was lodged by the DOJ last June as part of a series of 30 civil forfeiture suits to seize assets that were linked to the misappropriation of 1Malaysia Development Berhad (1MDB) funds channelled through the US financial system.
It was claimed that the Malaysian financier Low Taek Jho, who said the allegations against him were politically motivated, owned the Equanimity through a series of intermediaries.
Low, or better known as Jho Low, is being sought by authorities here for the ongoing investigation into the 1MDB corruption scandal and has managed to avoid detection repeatedly.
Indonesian authorities had boarded and seized the vessel upon DOJ’s request on February 28, but it was ruled by the South Jakarta District Court to be invalid due to the mutual legal assistance request channelled directly to the Indonesian police.
The Indonesian law requires for the MLA request to be made through the Law and Human Rights ministry.
California Central District Court had on May 15 granted the DOJ protective custody over the vessel, but lawyers representing the Equanimity’s registered owner, Equanimity (Cayman) Ltd, had filed an appeal against the ruling and the case is still pending at the US Ninth Circuit Court of Appeals.
The Court of Appeal had on June 14 then denied Equanimity’s Ltd’s motion to stay the protective custody order, which means the vessel remains under DOJ’s custody.
The news portal reported that the Equanimity is currently anchored at Benoa Bay, off the coast of Bali, according to the ship tracking service MarineTraffic. – Malay Mail
Related reports:
May 17, Custody of Equanimity Granted to the US Government
May 15, Jho Low’s Yacht Likely Headed for US Despite Indon Ruling
Apr 18, Indonesia to Release Impounded Yacht Sought over 1MDB Case
Apr 4, Jho Low’s Seized Yacht Can Sail to US, Judge Rules
Mar 29, Jho Low Trying to Stop Seizure of Yacht
Mar 8, RM1B Found on Equanimity is Fake News