LAWYERS for Malaysian financier Low Taek Jho want the United States to explain why Malaysia is thanking it for seizing superyacht Equanimity, after the Department of Justice had repeatedly said it was not involved in the seizure.

Low’s lawyers, who represent the companies that hold the title to the yacht yesterday asked a Los Angeles court to order the DoJ to provide a “thorough clarification” whether American agencies or officials knew in advance or were involved in transferring Equanimity to Malaysia.

“It appears that the US government only recently learned of the transfer of the defendant asset to Malaysia and did not have any opportunity before that transfer to enquire with the Malaysian government as to its intentions with respect to the defendant asset.

“The US government’s lack of advance knowledge of or involvement in the transfer of the defendant asset to Malaysia has been corroborated in subsequent media reports,” they said.

“If there was any such knowledge, involvement, participation, approval, or acquiescence, claimants respectfully request that the court direct the US government to provide all details of such.

“Finally, and as part of the preceding clarifications, claimants request that the US government be directed to clarify its position on whether the Malaysian Attorney-General’s Chambers issued an inaccurate statement,” the lawyers said.

Attorney-General Tommy Thomas said in a statement on Wednesday said negotiations were conducted between Indonesia – where the yacht was anchored – Malaysia, and the US, which resulted in the return of the Equanimity to Malaysia.

However, subsequently a DoJ spokesman said the US wasn’t a party to the agreement between Indonesia and Malaysia.

After the Equanimity docked in Port Klang, 1Malaysia Development Bhd, under a new management, laid claim to the yacht.

It was a departure from its past policy of refusal to be linked to the yacht.

“1MDB claimed ownership of the Equanimity because it believes its money has been misappropriated and used to purchase the vessel,” said its lawyer, Sitpah Selvaratnam.

Sitpah said 1MDB’s claim was based on the civil forfeiture suits filed by the DoJ last year.

“The DoJ claim is a verified claim, verified against a penalty of perjury. It carries with it a lot of weight, and it is based on this allegation that the claim has been initiated. Of course, it will go to trial before the admiralty court.”

Sitpah and Jeremy Joseph are appointed by the Attorney-General’s Chambers to represent the investor and Putrajaya.

She said four plaintiffs – 1MDB group of companies, 1MDB and two of its subsidiaries – made the application for the warrant of arrest.

The defendants who claim they are the registered owners have the opportunity to go to court to defend and establish their ownership claim, she said.

The Pakatan Harapan government had replaced the 1MDB board members soon after it assumed power. The old management under Arul Kanda Kandsamy had dismissed DoJ’s civil forfeiture suits. – August 10, 2018.