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MORGENTHAU v. AVION RESOURCES

49 A.D.3d 50 (2007)

849 N.Y.S.2d 223

ROBERT M. MORGENTHAU, as District Attorney of New York County, Appellant, v. AVION RESOURCES LTD. et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 28, 2007.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Michael S. Morgan and Mark Dwyer of counsel), for appellant.

Howrey LLP, New York City (James G. McCarney and Grace L. Chan of counsel), for Avion Resources Ltd. and others, respondents.

Bernard D'Orazio, P.C., New York City (Bernard D'Orazio of counsel), for Harber Corp. and others, respondents.

Gleason & Kaotz, LLP, New York City (John P. Gleason of counsel), for Farswiss Asset Management Ltd., respondent.

Busson & Sikorski, New York City (Robert S. Sikorski and Berenice Busson of counsel), for Chettiar Business, Inc. and others, respondents.

SULLIVAN, BUCKLEY and MALONE, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.P.

In 2002, the United States seized millions of dollars from defendants' accounts at a New York County bank (then known as Merchant's Bank, subsequently renamed Valley National Bank) and transferred the funds out of state in connection with a prosecution in the District of New Jersey. Although there was no federal indictment of any of these defendants (each an individual of Brazilian nationality or an off-shore corporate...

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