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US closer to forfeiting seized yacht as judge denies ex-Rosneft chief's claim

The U.S. Department of Justice won a victory on Monday when a U.S. Judge ruled that the former head of Rosneft, the Russian state-owned oil and gas company, could not claim ownership of a $300 million yacht that U.S. officials seized in 2022. The decision of U.S. district judge Dale Ho boosts federal prosecutors' bid in Manhattan to forfeit the 348-foot Amadea (106-meter), which could be auctioned. Congress passed a law last year authorizing the transfer to Ukraine of Russian assets seized to strengthen its military defenses. Eduard Khudainatov who was Rosneft's CEO from 2010 to 2013 tried to stop a forfeiture in 2023 by claiming ownership. Prosecutors called Khudainatov "a straw owner" of sanctioned Russian billionaire Suleiman Kerimov and claimed that Kerimov’s niece paid an entity controlled by Khudainatov $243,7 million in 2021.

In an 80-page ruling, Ho stated that the majority of evidence indicated that, although Khudainatov held "bare title" for the yacht beyond September 2021 but Kerimov became the real owner.

Ho wrote: "There is sufficient evidence to conclude that claimants Khudainatov are mere straw-owners of the Amadea." "Claimants did not establish under any standard, that they had a stake in Amadea beyond a bare title."

Adam Ford, the lawyer for Khudainatov, said that his client intends to appeal.

Ford stated in a press release that the court "improperly relied" on unreliable and speculative assertions by the government, while not giving due weight to our extensive evidence.

A Justice Department spokesperson didn't immediately respond to an inquiry for comment.

TASK FORCE DISBANDED

Washington's diplomatic approach to Moscow has changed significantly since 2022, when U.S. officials seized the Amadea. As the former Democratic President Joe Biden's Administration increased sanctions against those close to Russian President Vladimir Putin to pressure Moscow to stop its war in Ukraine, the Amadea seizure occurred. After Republican President Donald Trump's January inauguration, Attorney General Pam Bondi abolished Task Force KleptoCapture. This group was responsible for a number of high-profile actions against Russian oligarchs, including the Amadea seize. On February 28, Trump accused Ukrainian President Volodymyr Zelenskiy of not being grateful for U.S. assistance. Trump halted all military aid to Kyiv on March 3.

Zelenskiy enjoyed warm relationships with Biden and said that he could save his relationship with Trump.

Who owns the AMADEA?

Forbes magazine estimates that Kerimov's family and himself are worth $10.9 billion. He amassed his fortune by working for Russian gold miner Polyus.

The U.S. Treasury Department sanctioned him in 2014 and in 2018 for his Russian activities in Syria, Ukraine and other countries.

The prosecution said that he had violated these sanctions by paying more than $1,000,000 in maintenance on the yacht.

Khudainatov does not fall under U.S. sanctions. Ford said that prosecutors did not have witnesses to prove Kerimov's ownership of the Amadea.

Ford told a court on January 21, "There is nothing that connects Suleiman Kerimov with the vessel."

Rachel Doud, the prosecutor, said at the hearing that Kerimov’s family would have sole use of Amadea after 2021, planning to renovate it and take Mediterranean and Caribbean vacations. Prosecutors have stated that the Amadea docked at San Diego is maintained by the U.S. Government for around $600,000.

(source: Reuters)