Sep 23, 2024

DOJ Launches ‘KleptoCapture’ Targeting Russian Oligarchs

by Nadia El-Yaouti | Mar 08, 2022
Attorney General Merrick Garland speaks at the Department of Justice in Washington Photo Source: Attorney General Merrick Garland speaks at the Department of Justice in Washington, D.C., file photo, Jan. 5, 2022. (AP Photo/Carolyn Kaster, Pool)

The Department of Justice announced earlier this week the launch of a new task force that would oversee the newly imposed sanctions on Russian oligarchs. President Biden shared during his State of the Union address Tuesday, “We are joining with our European allies to find and seize your yachts, your luxury apartments, your private jets. We are coming for your ill-begotten gains.”

As part of the task force, the department is assembling a group of experts in several fields including money laundering, tax enforcement, anti-corruption, and sanctions. These experts will work to enforce the sanctions against Russia and those closely connected to the Kremlin. The task force will also prosecute individuals who seek to evade current sanctions. According to its announcement, the DOJ's aim is to target “Russian officials, government-aligned elites, and those who aid or conceal their unlawful conduct.”

Attorney General Merrick Garland announced in a release that the DOJ would use its authority to take hold of assets belonging to any individuals or entities who violate the sanctions placed upon Russia. Garland doubled down, “We will leave no stone unturned in our efforts to investigate, arrest, and prosecute those whose criminal acts enable the Russian government to continue this unjust war. Let me be clear: if you violate our laws, we will hold you accountable.”

One focus of the task force will be cracking down on sanction violations through cryptocurrency exchanges. Democratic senators shared their concerns with the DOJ explaining that “criminals, rogue states, and other actors may use digital assets and alternative payment platforms as a new means to hide cross-border transactions for nefarious purposes.”

As with many of the world elites, especially Russian oligarchs, their money is often hidden overseas, using shell companies. In the age of cryptocurrency, these untraceable platforms have become a popular way for criminal funds to be transferred from one account to another.

The DOJ will work in tandem with different law enforcement agencies and Homeland Security to crack down on violators. In terms of legal proceedings, the DOJ will follow through with any seizure of assets according to the nation's civil forfeiture laws. Under these laws, individuals who are suspected of being involved in a crime or criminal activity can have their ill-gotten gains seized by the government. Often these gains take the form of cash, homes, and boats. For many of these Russian oligarchs, their assets are often diversified in expensive yachts, over-the-top mansions, private jets, and overseas shell accounts.

It’s not just the elite and members of crime rings who find themselves on the other end of civil forfeiture laws. Your average layman is subject to these laws as well. Interactions with law enforcement through routine stops, investigations, and even at ports of entry such as airports are where these laws will often be enforced. In a 2015 report done by the Washington Post, data collected shows that civil forfeiture has been on the rise and that 2015 saw a whopping $5 billion in total civil forfeiture sums. The same data indicated that civil forfeiture topped over nearly $1 billion more than losses due to instances of burglary. With the rise of digital currency, civil forfeiture numbers are likely to continue climbing as criminals turn to digital wallets to transfer their ill-gotten gain.

This doubling down by the DOJ is the latest move by the U.S. to join European forces in putting pressure on the Kremlin to cease the invasion into Ukraine. As the conflict in Ukraine continues to escalate, this task force aims to further disconnect the Russian state from the rest of the global market by limiting access and seizing assets from those closest to Putin. Along with NATO allies, KleptoCapture hopes to be effective in sending a message to Putin through those in his inner circle.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.