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Temporary Restraining Order, In re All Assets in Merrill Edge Account *7700 (Case 3:21-mc-00059)

Summary

A temporary restraining order of the U.S. District Court for the Western District of North Carolina, No. 3:21-MC-00059, entered as Document 1 of 2 pages and signed March 30, 2021, covering all assets in a Merrill Edge account held in the name of Maurice Kamgaing and all assets in a Merrill Edge account held in the name of Apiagne, Inc. On the Government's application and affidavit, the Court finds probable cause that the assets constitute or derive from proceeds of wire fraud in violation of 18 U.S.C. § 1343 and are property involved in money laundering under 18 U.S.C. §§ 1956 and 1957, and so are subject to civil and criminal forfeiture. It finds that prior notice to persons with an interest in the property would jeopardize its availability for forfeiture. The order expires fourteen days after entry unless extended.

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“Temporary Restraining Order, In re All Assets in Merrill Edge Account *7700 (Case 3:21-mc-00059).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/docket-no-in-re-all-assets-in-merrill-edge-account-7700-such-account-h-0faf6f4635/, SHA-256 ff6a17c4d829a1c3169ca2464e7d7bfbecfc21ba46683d01f50024701cdcdcf9.

Full text

                           UNITED STATES DISTRICT COURT
                        WESTERN DISTRICT OF NORTH CAROLINA

                                              3:21-MC-00059
                                  DOCKET NO. ____________

IN RE                                          )
                                               )                TEMPORARY
ALL ASSETS IN MERRILL EDGE                     )             RESTRAINING ORDER
ACCOUNT *7700, SUCH ACCOUNT                    )
HELD IN THE NAME OF MAURICE                    )
KAMGAING; and                                  )
                                               )
ALL ASSETS IN MERRILL EDGE                     )
ACCOUNT *7T50, SUCH ACCOUNT                    )
HELD IN THE NAME OF APIAGNE,                   )
INC.                                           )

       THIS MATTER is before the Court on the Government’s Application for Temporary
Restraining Order.

        THIS COURT FINDS AS FOLLOWS: In an Application for Temporary Restraining
Order and Affidavit, the Government has established probable cause that all assets in the
above-captioned Merrill Edge Accounts constitute or are derived from proceeds of wire fraud in
violation of 18 U.S.C. § 1343 and constitute property involved in money laundering in violation
of 18 U.S.C. §§ 1956 and 1957, and, therefore, are subject to civil and criminal forfeiture under
18 U.S.C. § 981(a)(1)(A) and (C), 28 U.S.C. § 2461(c), and 18 U.S.C. § 982(a)(1). Further, in
the Application, the Government has established, for purposes of 21 U.S.C. § 853(e)(2) and 18
U.S.C. § 983(j)(3), that prior notice to persons appearing to have an interest in the property will
jeopardize the availability of the property for forfeiture. Based on the Application and
Affidavit, the Government has satisfied the requirements of 21 U.S.C. § 853(e)(2) and 18 U.S.C.
§ 983(j)(3) for purposes of obtaining a Temporary Restraining Order.

        IT IS THEREFORE ORDERED THAT, pending further order of this Court, Maurice
Kamgaing, Apiagne, Inc., AKC Solutions LLC, and the agents, servants, employees, attorneys,
and those persons in active concert or participation with Kamgaing, Apiagne, and AKC
Solutions; Merrill Edge; and those persons, financial institutions, or other entities who have any
interest or control over the subject property, are hereby RESTRAINED, ENJOINED, AND
PROHIBITED from attempting or completing any action that would affect the availability,
marketability or value of the property in the above identified accounts, including but not limited
to liquidating, selling, transferring, assigning, pledging, distributing, encumbering, wasting,
secreting, depreciating, damaging, or in any way diminishing the value of, all or any part of the
property in the above identified accounts.

        IT IS FURTHER ORDERED THAT the Federal Bureau of Investigation, United States
Marshals Service, and/or other property custodian for the investigative agency is directed to
serve a copy of this order upon Merrill Edge and any other entity or individual that the Federal




        Case 3:21-mc-00059-RJC-DCK Document 1 Filed 03/30/21 Page 1 of 2
Bureau of Investigation deems should receive this Temporary Restraining Order in order to
achieve restraint of the assets.

       IT IS FURTHER ORDERED THAT, pursuant to 21 U.S.C. § 853(e)(2) and 18 U.S.C.
§ 983(j)(3), absent an order extending this Temporary Restraining Order, this Temporary
Restraining Order shall expire fourteen days after the date that it is entered.


 Signed: March 30, 2021




                                              2


      Case 3:21-mc-00059-RJC-DCK Document 1 Filed 03/30/21 Page 2 of 2


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