Biden seeks $33 billion for Ukraine, powers to liquidate Russian assets
Source: Washington Post
The White House on Thursday announced a proposal to allow U.S. authorities to liquidate the assets of Russian oligarchs and donate the proceeds to Ukraine, seeking what appears to be broad new legal powers to expand America’s financial war on the Kremlin amid bipartisan pressure in Congress.
President Biden will send the new plan to Congress along with a broader request for $33 billion to help the Ukrainians fight Russia’s invasion. Biden’s funding request includes $20 billion in military assistance for Ukraine, $8.5 billion in economic assistance and $3 billion in humanitarian aid, among other pots of money, such as $500 million to support production of U.S. crops to address the global food shock caused by the war.
The White House has not revealed the legislative text behind its Russian oligarchs proposal but said the proposal “would improve” the federal government’s ability to send seized funds to Ukraine. Under current law, the United States can typically only freeze — not seize or liquidate — the assets of sanctioned individuals. Civil liberties groups had raised concerned that prior congressional proposals to do so ran afoul of constitutional protections by allowing federal law enforcement to circumvent judicial procedure. It was not immediately clear how the White House would seek to change existing statute without violating those protections.
“This package of proposals will establish new authorities for the forfeiture of property linked to Russian kleptocracy, allow the government to use the proceeds to support Ukraine, and further strengthen related law enforcement tools,” the White House said in a fact sheet. The White House’s requests to Congress will now be subject of intense wrangling on Capitol Hill as lawmakers face a crunch of spending fights in a worsening economy. The administration is also pushing Congress to approve tens of billions of dollars in funding to fight the pandemic, with the White House warning of diminishing funds for vaccines and other treatments.
Read more: https://www.washingtonpost.com/politics/2022/04/28/biden-russia-oligarchs-assets-ukraine/
Here is the FACT SHEET - https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/28/fact-sheet-president-bidens-comprehensive-proposal-to-hold-russian-oligarchs-accountable/
April 28, 2022 • Statements and Releases
Today, in concert with his supplemental request to Congress to support Ukraine, President Biden will send a proposal for a comprehensive legislative package that will enhance the United States Government’s authority to hold the Russian government and Russian oligarchs accountable for President Putin’s war against Ukraine. The proposals were crafted in close consultation with interagency partners, including the Department of the Treasury, the Department of Justice, the Department of State, and the Department of Commerce. The Biden Administration looks forward to working closely with Members of Congress as a whole to implement this package of proposals.
This package of proposals will establish new authorities for the forfeiture of property linked to Russian kleptocracy, allow the government to use the proceeds to support Ukraine, and further strengthen related law enforcement tools.
Establishing a Streamlined Administrative Authority to Seize and Forfeit Oligarch Assets: This proposal aims to streamline the process for seizure of oligarch assets, expand the assets subject to seizure, and enable the proceeds to flow to Ukraine. It would:
Enabling the Transfer of the Proceeds of Forfeited Kleptocrat Property to Ukraine to Remediate Harms of Russian Aggression. This proposal would improve the United States’ ability to use forfeited oligarch funds to remediate harms caused to Ukraine by Russian aggression. Under the proposal, the Departments of Justice, Treasury, and State will work together to use forfeited funds related to corruption, sanctions and export control violations, and other specified offenses to remediate harms of Russian aggression toward Ukraine.
Clamping Down on Facilitation of Sanctions Evasion: This proposal would allow for the forfeiture of property that Russian oligarchs use to facilitate the evasion of sanctions. Under current law, the United States can forfeit the proceeds of sanctions violations, but it cannot forfeit property used to facilitate sanctions violations. This proposal closes that gap.
Modernizing Racketeering to Include Sanctions Evasion: This proposal would strengthen the United States’ ability to investigate and prosecute sanctions evasion by adding the crime of sanctions evasion to the definition of “racketeering activity” in the Racketeer Influenced and Corrupt Organizations (RICO) Act. This proposal would give the Department of Justice a powerful forfeiture tool used against racketeering enterprises to dismantle organizations that enable violations of U.S. sanctions.
Expanding the Time Limit to Follow the Money: This proposal would improve the United States’ ability to pursue money laundering prosecutions (and post-conviction forfeitures) based on foreign offenses by extending the statute of limitations from five years to ten years. Criminal investigations of oligarchs can be complicated because sophisticated criminals use intricate schemes that may cut across multiple jurisdictions. The United States often works with international partners on these cases. Extending the statute of limitations would provide additional time for investigators and prosecutors to hold oligarchs criminally accountable.
Leveraging Foreign Partners’ Ability to Freeze and Seize Oligarch Wealth: This proposal would improve the United States’ ability to work with international partners to recover assets linked to foreign corruption. This proposal would make several amendments to improve our ability to enforce foreign restraint and forfeiture orders in the United States.
The United States has already been working with allies and partners to track down assets all over the world:
In March, the U.S., led by the Department of the Treasury and Department of Justice, launched the Russian Elites, Proxies, and Oligarchs Task Force with international partners to coordinate the freezing and seizing of Russian assets around the world. So far, member states in the European Union have reported freezing over $30 billion in assets, including almost $7 billion in boats, helicopters, real estate, and artwork. Dozens of yachts have been seized by REPO Task Force member countries. The U.S. Treasury has sanctioned and blocked vessels and aircraft worth over $1 billion, as well as frozen hundreds of millions of dollars of assets belonging to Russian elites in U.S. bank accounts. Last week, in the wake of criminal charges, Treasury designated a global sanctions evasion network associated with Konstantin Malofeyev, crack downing on the movement of illicit assets. Earlier this month, the Department of Justice announced that Spain seized a 255-foot, $90 million yacht of sanctioned Russian Oligarch Viktor Vekselberg at the request of United States.
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They need Congress to include the authority -
This package of proposals will establish new authorities for the forfeiture of property linked to Russian kleptocracy, allow the government to use the proceeds to support Ukraine, and further strengthen related law enforcement tools.
Establishing a Streamlined Administrative Authority to Seize and Forfeit Oligarch Assets: This proposal aims to streamline the process for seizure of oligarch assets, expand the assets subject to seizure, and enable the proceeds to flow to Ukraine. It would:
Create a new, streamlined administrative process involving the Departments of the Treasury and Justice, for the forfeiture of property in the United States that is owned by sanctioned Russian oligarchs and that has a connection to specified unlawful conduct. A forfeiture decision would be reviewable in federal court on an expedited basis. Create a new criminal offense, making it unlawful for any person to knowingly or intentionally possess proceeds directly obtained from corrupt dealings with the Russian government.
Enabling the Transfer of the Proceeds of Forfeited Kleptocrat Property to Ukraine to Remediate Harms of Russian Aggression. This proposal would improve the United States' ability to use forfeited oligarch funds to remediate harms caused to Ukraine by Russian aggression. Under the proposal, the Departments of Justice, Treasury, and State will work together to use forfeited funds related to corruption, sanctions and export control violations, and other specified offenses to remediate harms of Russian aggression toward Ukraine.
(snip)
I know for non-feds, the assumption is that federal government can just go to a bank and "take" what they need because the people what it, and move it without impunity and without any court order or legal authority to do such, Just. Because. But that's not how it works...
Congress literally just passed a modification to an old WW2 authority today that eases the movement of weaponry to other countries, and in this case, allowing us to more easily transfer U.S. equipment to Ukraine - https://www.democraticunderground.com/10142909382
That OP article mentions what became this OP's request, which is a part of series of legal steps that need to happen in order to put all the ducks in a row.
We have no idea all of what is being requested to be seized and if you follow that line of thought, Russia could come here to the U.S. and just "seize" whatever they want. Just. Because.
And it's not a matter of "may require the will of Congress". It DOES require "the will of Congress" (a law or modifications of existing law). It's a matter of the Fifth Amendment and "Due Process" (yes even for them).
Thankfully we haven't gone complete dictatorship here like they have there. 
they run down to the southern border to put on their vaudeville-style clown show and then go back to Washington to gum up the works. 
