Case 1:13-cv-06326-TPG Document 531 Filed 01/19/16 Page 1 of 14

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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:
UNITED STATES OF AMERICA, :
: 13 Civ. 6326 (TPG)
Plaintiff, :
:
- against - :
:
PREVEZON HOLDINGS LTD., et al.,
:
:
Defendants,
:
- and - :
:
ALL RIGHT, TITLE AND INTEREST IN THE REAL :
PROPERTY AND APPURTENANCES KNOWN AS :
THE 20 PINE STREET CONDOMINIUM, 20 PINE :
STREET, NEW YORK, NEW YORK 10005, UNIT 1816, :
et al., :
:
Defendants in Rem. :
:
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MEMORANDUM OF LAW OF THE UNITED STATES OF AMERICA

IN OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE NUMBER ONE TO
EXCLUDE EVIDENCE GATHERED THROUGH GRAND JURY
SUBPOENAS AND REQUESTS TO FOREIGN GOVERNMENTS

PREET BHARARA
United States Attorney
Southern District of New York
One St. Andrew’s Plaza
New York, New York 10007

Paul M. Monteleoni
Margaret S. Graham
Jaimie L. Nawaday
Cristine I. Phillips
Assistant United States Attorneys
- Of Counsel -

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 Case 1:13-cv-06326-TPG Document 531 Filed 01/19/16 Page 2 of 14

TABLE OF CONTENTS

I. DEFENSE MOTION IN LIMINE NUMBER ONE PROVIDES NO BASIS FOR

THE EXTRAORDINARY SANCTIONS IT SEEKS.................................................... 1

A. This Court Has Already Rejected Defendants’ Irresponsible Accusations of

Misconduct .............................................................................................................. 1

B. The Defendants’ Claims of Abuse of the Grand Jury are Unfounded .................... 3

C. The Government Has Properly Sought Assistance from Foreign Governments .... 9

CONCLUSION ........................................................................................................................... 12

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 Case 1:13-cv-06326-TPG Document 531 Filed 01/19/16 Page 3 of 14

The Government respectfully submits this Memorandum of Law in opposition to the

defendants’ motion in limine number one, to exclude evidence gathered by grand jury subpoena

or from foreign governments, Docket Items (“D.I.”) 463-65. For the reasons stated below, the

motion is without merit and should be denied in its entirety.

I. DEFENSE MOTION IN LIMINE NUMBER ONE PROVIDES NO BASIS FOR

THE EXTRAORDINARY SANCTIONS IT SEEKS

The defendants seek to exclude large swathes of evidence essential to the Government’s

case, not because the evidence is unreliable or otherwise inadmissible—it was gathered directly

from banks and governments pursuant to official process—but solely as a sanction for specious

accusations of misconduct by counsel for the Government. This extraordinary request, which

says nothing about the conduct of the Government and volumes about the defendants’

irresponsible litigation strategy, should be swiftly denied.

A. This Court Has Already Rejected Defendants’ Irresponsible Accusations of

Misconduct

This motion is not a constructive use of the time of the Court or the parties. It is

premised on strained accusations of professional misconduct, which have already been made and

found wanting. Lacking any basis for excluding the evidence at issue, the defendants attempt to

fill the gap by repeating previously-rejected accusations in hyperbolic language. This tactical

use of misconduct accusations should be swiftly rejected.

This motion in limine retreads arguments that have already been made and found lacking.

In moving to vacate or modify the Amended Protective Order, the defendants argued that the

Government’s use of grand jury subpoenas and treaty requests—the same conduct alleged here—

warranted exclusion of the evidence derived therefrom—the same relief requested here—as well

as dismissal of the case. See D.I. 299 at 21-23 & n.14. In an 11-page memorandum opinion, the

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 Case 1:13-cv-06326-TPG Document 531 Filed 01/19/16 Page 4 of 14

Court denied the defendant’s motions to vacate or modify the Amended Protective Order. D.I.

378 at 7. Though the Court did not explicitly address the defendants’ arguments about the grand

jury or MLATs, it denied the relief the defendants sought, thus necessarily expressing the view

that the defendants’ allegations did not warrant such steps. The same result should obtain here.

Even beyond the direct issue, the broader arguments made by the defense here have been

brought before the Court and rejected before as well. The defendants complain that the

Government conducted additional investigation subsequent to filing the complaint because some

of the information known at the time of the complaint was not admissible. See D.I. 464 at 3-4;

16-17. However, the defendants already complained of the supposed insufficiency of evidence

at the time of the filing of the complaint. 1 This Court expressly rejected this argument, holding

that “this type of scenario—an initial lack of certain admissible evidence, followed by additional

investigation—is explicitly contemplated by CAFRA and the Supplemental Rules.” D.I. 310 at

28; see also id. (“‘[T]he Government may use evidence gathered after the filing of a complaint

for forfeiture to establish, by a preponderance of the evidence, that property is subject to

forfeiture.’” (quoting 18 U.S.C. § 983(c)(2))). The same is true where, as here, the “additional

investigation” included a criminal investigation into a massive fraud and money laundering

network that also produced extensive evidence relevant to this forfeiture case.

More broadly, the defendants’ kitchen-sink approach to accusations of misconduct is

unserious and inappropriate. The defendants do not even facially justify their carefree

1
It should be noted that their representations on this point are exaggerated; the defendants’
inappropriate questioning at the deposition and highly selective presentation of the testimony in
their motion presents a picture that understates the amount of investigation the Government had
conducted up to that point. See, .e.g,, D.I. 88 at 26-37 (responding to defective Rule 11 sanctions
motion based on this argument).

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 Case 1:13-cv-06326-TPG Document 531 Filed 01/19/16 Page 5 of 14

accusations of “grossly improper conduct,” D.I. 464 at 1; “bad faith,” id. at 1, 16, 22, 24;

“misrepresent[ations],” id. at 2, 9, 22; “sham” investigations, id. at 7; “misconduct,” id. at 9, 26;

or “abuse,” id. at 21, 24; or its references to “sanctions pursuant to the court’s inherent powers,”

id. at 26 (internal quotation marks omitted); or “civil or criminal contempt sanctions,” id. at 24

(internal quotation marks omitted). These complaints should be seen in the context of the

defendants’ practice of making repeated unfounded accusations of professional misconduct

against counsel for the Government in this case. 2

This litigation strategy is not constructive and should not be rewarded. Tr., Dec. 11, 2015

at 6 (“We’re not going to accomplish anything with a lot of accusations. We have a trial coming

up.”); see also id. (“[D]on’t spend one minute in trying to hold somebody in contempt because

I’m not going to do that.”). Since this motion rests entirely, not on any defect with the evidence

itself, but on the defendants’ strained accusations, it should be rejected. See Tr., Dec. 11, 2015 at

5 (“The application to hold Mr. Browder in contempt and for sanctions against the government is

peremptorily denied. We’re not going to do that. What we’ve got to do is something

constructive . . . .”).

B. The Defendants’ Claims of Abuse of the Grand Jury are Unfounded

On the merits, the defendants have made no showing of any impropriety in the

Government’s conducting a grand jury investigation. The Government is plainly entitled to

2
This is not the first time the defendants have made baseless accusations of dishonesty or
misconduct against counsel for the Government. See, e.g., D.I.. 88 at 21-40 (responding to Rule
11 sanctions motion); D.I.. 276 at 6-10 (responding to claim of abuse of grand jury); D.I. 295
(responding to accusation of dishonesty); D.I. 351 (responding to accusation of violation of no-
contact rule); D.I. 481 at 2 (responding to motion for discovery sanctions). None of these litany
of unfounded complaints has been found meritorious by this Court. See, .e.g., Tr., Dec. 11, 2015
(“I have received an application to hold Mr. Browder in contempt and to sanction the
government. There is simply no merit whatsoever in such applications. They are denied.”).

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