UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

____________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) Civil Action No. 04-0798 (PLF) ) ALL ASSETS HELD AT BANK JULIUS ) Baer & Company, Ltd., Guernsey ) Branch, account number 121128, in the ) Name of Pavlo Lazarenko et al ., ) ) D efendants In Rem . ) ____________________________________)

MEMORANDUM OPINION AND ORDER On May 1, 2020, following t his C ourt’s opinion striki ng P avel Lazarenko’s cl aim to the B alfor d Trust, Mr

. Lazarenko file d a m otion for s ummary j udgment [Dkt. No. 1263] on the Un itedS tates’ a llegations r elatedto th e Y lorex E stab lishments a ccount in L iechtenstein. In his motion, Mr. Lazarenko argue s that the government c an not meet its burden of proof at trial to show that the Ylorex Establishments account is connected to unlawful activity. See Dkt. No

. 1263 at 3. On June 5, 2020, the United States filed its sealed opposition [Dkt. No. 1296] , along w ith a redacted version of i ts oppos iti on [Dkt. No. 1293]. Mr

. Lazarenko filed his r eply [Dkt. No. 1320] on July 20, 2020.

Before the parties com pleted br iefing on M r. Lazarenko’s summary j udgment motion, the U nited S tates f iled a mot ion [ Dkt . No. 1275] t o strike M r . Lazarenko’s c laim to the defendant assets he ld in the na me of Beranc o Engineering E stablishments, Ylorex Establishments, and Tanas A G i n Liechtenstein, and al l as sets t raceable thereto ( collectively,2 “Liechtenstein A ccounts ”)

. The United States argued that Mr. Lazarenko lacked constitutional, statutory, and prudential standing to assert a claim to those assets. See Dkt. No. 1275

- 1 at 11. Mr. Lazarenk o opposed the motion [Dkt. No. 1319] and moved for leave to amend his claim [Dkt. No. 1322]. The United States filed a reply and opposition [Dkt. No. 1338] to the motion to amend and Mr. Lazarenko filed his reply [Dkt. No. 1347] in support of the motion t o amend. On December 23, 2020, this Court granted the United States’ motion to strike Mr. Lazarenko’s claim to all assets held in the Liechtenstein Accounts. United States v. All Assets Held at Bank Julius Baer & Company, Ltd. , Civil Action No. 04

- 0798, 2020 WL 7640213, at *1 (D.D.C. Dec. 23, 2020). The Court concluded that Mr. Lazarenko lacked c onstitutional and statutory standing to contest forfeiture of the Liechtenstein Accounts. Id . at *10, *13. The Court also denied as futile Mr. Lazarenko’s moti on to amend his claim. Id . at *14. “[S]tanding

. . . is jurisdictional.” Lewis v. Casey , 518 U.S. 343, 349 n.1 (1996). “It is well established , [therefore], that before a federal court can consider the merits of a legal claim, the person seeking to in voke the jurisdiction of the court must establish the requisite standing to sue.” Whitmore v. Arkansas , 495 U.S. 149, 154 (1990). Because this Court has concluded that Mr. Lazarenko lacks constitutional and statutory standing to assert a claim to the Lie chtenstein Accounts, including the Ylorex Establishments account , the Court does not have jurisdiction to consider the merits of Mr. Lazarenko’s mo tion for summary judgment on the Ylorex Establishments account.3 Accordingly, it is hereby ORDERED that Mr . Lazarenko’s motion for summary judgment [Dkt. No. 1263] on the United States’ allegations related to the Ylorex Establishments account in Liechtenstein is DENIED. SO ORDERED.

PAUL L. FRIEDMAN United States District Judge

DATE: February 1 , 2021 /s/