City of Almaty, a foreign state v. Viktor Khrapunov; Leila Khrapunov; Iliyas Khrapunov; Madina Ablyazova; Madina Khrapunova, and Does 1 through 10
Published: Nov. 21, 2015 | Result Date: Sep. 23, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-02628-FMO-CW Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
David J. Schindler
(Latham & Watkins LLP)
Julie R. F. Gerchik
(Glaser Weil Fink Howard Avchen & Shapiro LLP)
Defendant
Steven G. Madison
(Quinn, Emanuel, Urquhart & Sullivan LLP)
Facts
The City of Almaty sued Viktor Khrapunov, Leila Khrapunov, Iliyas Khrapunov, and Madina Ablyazova, for alleged racketeering activities.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff, a city located in the Republic of Kazakhstan, accused defendants of looting money from the city and taking the stolen money into the United States. Plaintiff claimed defendants were able to loot the city's coffers through defendant Viktor's use of political power and money laundering. Plaintiff filed this action, seeking to recover the stolen money. Plaintiff asserted causes of action for violations of RICO, breach of fiduciary duty, conversion and conspiracy to commit conversion, fraud and deceit and conspiracy to defraud, and an accounting and imposition of a constructive trust and equitable lien.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the action for lack of personal jurisdiction, and on the grounds of forum non conveniens, statute of limitations, and failure to state a claim.
Result
The court ultimately dismissed on forum non conveniens grounds holding that Switzerland would be a more convenient forum, and entered judgment accordingly.
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