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Restraining Order (Dkt. 6, W.D.N.C.)

Summary

On the Government's motion (Document No. 5), the Western District of North Carolina enters a Restraining Order over all assets in two Merrill Edge accounts, one in the name of Maurice Kamgaing and one in the name of Apiagne, Inc., in Case No. 3:21-MC-059-RJC-DCK. The court finds the Government established probable cause that the assets are proceeds of wire fraud and property involved in money laundering. Earlier temporary restraining orders carried expiration dates of April 13, 2021 and May 13, 2021; since then a Grand Jury indicted Kamgaing (WDNC Case 3:21-CR-114-KDB), the holder of one account and President of Apiagne, Inc., with a finding of probable cause for forfeiture of the restrained assets. The order bars Kamgaing, Apiagne, Inc., AKC Solutions LLC, Merrill Edge and others from any action affecting the availability or value of the property. It was signed May 13, 2021.

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Full text

                     IN THE UNITED STATES DISTRICT COURT
                FOR THE WESTERN DISTRICT OF NORTH CAROLINA
                             CHARLOTTE DIVISION
                          CASE NO. 3:21-MC-059-RJC-DCK

 IN RE                                                  )
                                                        )
 ALL ASSETS IN MERRILL EDGE                             )
 ACCOUNT *7700, SUCH ACCOUNT HELD                       )
 IN THE NAME OF MAURICE KAMGAING;                       )
 and                                                    )      RESTRAINING ORDER
                                                        )
 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 “Motion To Convert Temporary

Restraining Order To Restraining Order” (Document No. 5).

       THIS COURT FINDS AS FOLLOWS: In an Application for Temporary Restraining

Order and Affidavit, the Government previously 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 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 would jeopardize

the availability of the property for forfeiture. Based on the Application and Affidavit, the

Government 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 and this Court entered a Temporary

Restraining Order, with an expiration date of April 13, 2021, and then a Second Temporary

Restraining Order, with an expiration date of May 13, 2021.
          Since the issuance of the Second Temporary Restraining Order, a Grand Jury has returned

an Indictment (WDNC Case 3:21-CR-114-KDB) against Maurice Kamgaing, who is the holder of

one of the restrained accounts and the President of Apiagne, Inc, the entity that holds the other

restrained account. The Indictment specifically includes a Grand Jury finding of probable cause

for forfeiture of the restrained assets here.

          Under such circumstances and pursuant to Section 853(e)(1)(A), issuance of a Restraining

Order is appropriate.

          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 Bureau

of Investigation deems should receive this Restraining Order in order to achieve restraint of the

assets.
                                           Signed: May 13, 2021

          SO ORDERED.

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gov.uscourts.ncwd.103904.6.0.pdf
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