Warrant of arrest issued against seized funds from Bank of Saipan

DISTRICT Court for the NMI Magistrate Judge Heather Kennedy issued a warrant of arrest in rem Friday against funds seized from two Bank of Saipan accounts in 2019 for wire fraud and money laundering totaling $310,276.26.

According to an online legal dictionary, “in rem” is Latin for “against the thing,” and “refers to a lawsuit or other legal action directed toward a property, rather than toward a particular person.”

Judge Kennedy issued the warrant of arrest pursuant to “Rule G(3)(b)(i) of the Federal Rules of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.”

She commanded the U.S. Marshals Service and or any other duly authorized law enforcement officer “to arrest and take into your possession the above-captioned defendant properties by serving a copy of this Warrant on the custodian in whose possession, custody, or control the defendant properties are presently found, and to use whatever means may be appropriate to protect and maintain it in your custody until further order of this Court.”

Judge Kennedy issued the warrant of arrest in rem following a verified complaint for forfeiture in rem filed by the U.S. Attorney’s Office for the Districts of Guam and the NMI.

Filed on Dec. 30, 2022, the 21-page complaint did not provide the names of the defendants but refers to two Bank of Saipan accounts of “MCS”, which was incorporated by “A.Y.” for the stated purpose of “banking and financial services, real estate development, and business management.”

According to the U.S. Attorney’s Office, its complaint arises out of an investigation of the Federal Bureau of Investigation and the U.S. Internal Revenue Service of a suspected conspiracy by foreign entities and entities and individuals in the CNMI to commit wire fraud and money laundering.

The suspected conspiracy also aimed “to evade the payment of the proper amount of income taxes owed to the CNMI government, in violation of Title 18, United States Code, Section 1343.”

On Nov. 7, 2019, the FBI executed search warrants at the Office of the Governor, casino investor Imperial Pacific International, and the office of Alfred Yue of Marianas Consultancy Services LLC, among other offices. Marianas Consultancy Services LLC was a consultant of IPI.

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