FG Hemisphere Associates, LLC v. Democratic Republic of Congo et al, No. 8:2022cv02369 - Document 38 (D. Md. 2023)
Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 9/5/2023. (ybs, Deputy Clerk)
Download PDF
<![CDATA[
FG Hemisphere Associates, LLC v. Democratic Republic of Congo et al Doc. 38 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 1 of 17 Dockets.Justia.com Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 2 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 3 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 4 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 5 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 6 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 7 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 8 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 9 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 10 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 11 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 12 of 17 ... Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 13 of 17 (2) If the debtor has done any of these acts, or fraudulently contracted_ the debt or incurred the obligation which is the subject of the pending action. (f) If the debtor is deceased and an adult nonresident is entitled by descent or devise from the debtor to any land or interest in land in the State, an attachment may issue against that land or interest held by descent or devise from the person indebted. (g) If any person who is required to be but_ is not licensed under the provisions of the Maryland Home Improvement Law, in an action against that person arising out of a home improvement transaction. The Court accepts that no Defendant fits within ·any of these categories. But that does not put Plaintiff out of Court. At its core, attachment is a process: "designed to accomplish the dual purpose of compelling the defendant's appearance in court as well as providing the plaintiff with the security for the payment of his claim once it is established as being due. This security is obtained when a levy is made because that act creates an inchoate lien that remains as such until a judgment of condemnation absolute is entered." State v. Friedman, 393 A.2d 1356, 1359 (Md. 1978) (internal citations omitted). The Court observes once again that the case at hand concerns properties allegedly purchased with illicit funds that have traveled through multiple financial institutions, but which originated with FGH' s judgment debtor, the DRC. Section 3-303 of the Courts and Judicial Proceedings Article of the Maryland Code, which establishes the availability of attachment before judgment for some purposes does not say that the remedy is only available in the instances described in the statute. For example, an attachment before judgment is recognized in Maryland Rule 2-648, which ' ' provides that "when a person fails to comply with a judgment prohibiting or mandating action, the court may order the seizure or sequestration of property of the noncomplying person to the extent necessary to compel compliance with the judgment .... " Md.R. Civ. P. 2-648(a). 13 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 14 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 15 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 16 of 17 Case 8:22-cv-02369-PJM Document 38 Filed 09/05/23 Page 17 of 17
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
