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Bangladesh Bank appeals against NY Supreme Court order

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Bangladesh Bank appeals against NY Supreme Court order​

HM Murtuza | Published: 00:14, May 15,2022

https://www.newagebd.net/article/170531/bb-appeals-against-ny-supreme-court-order

The Bangladesh Bank has recently filed an appeal with the Appellate Division of the New York Supreme Court against a New York Supreme Court order that relieved two of 20 defendants of a case filed by the Bangladesh Bank of reserve heist.

The Bangladesh Bank filed the case with the New York Supreme Court in May 2020 after its first case, filed with the Southern District Court of New York, was dismissed in March of the same year.

In the second case, the BB accused 20 individuals and entities of being involved in the heist.

Of them, New York Supreme Court on April 8 relieved Manila-based Bloomberry Resorts and Hotels, and Eastern Hawaii Leisure Company of the case based on their appeals.

Documents showed that New York Supreme Court issued a notice in this regard on May 11 where it stated, ‘Plaintiff Bangladesh Bank hereby appeals to the Appellate Division, First Department, from the Decision and Order of the Supreme Court…… from each and every portion of said Order pertaining to Motion Sequence No. 002.’

An Appellate Division document said, ‘Plaintiff appeals from a decision and order of the Supreme Court by which the Trial Court Granted motion sequence 002 and 006 (the appeal of Bloomberry Resorts and Hotels, and Eastern Hawaii Leisure Company from the case) in part, dismissing defendants Bloomberry Resorts and Hotels and Eastern Hawaii Leisure Company.’

The Bangladesh Bank’s appeal stated that the trial court erred in relieving defendants Bloomberry Resorts and Hotels and Eastern Hawaii Leisure Company from the case.

Approached for comment, Bangladesh Financial Intelligence Unit head Md Masud Biswas was found unavailable.

Before filing the appeal, the central bank sources said that the proceedings of the case against 18 other defendants would continue in the Supreme Court of New York.

The 18 other defendants are Rizal Commercial Banking Corporation, Maia Santos Deguito, Angela Ruth Torres, Brigitte R. Capina, Nestor O. Pineda, Romualdo S. Agarrado, Philrem Service Corp, Salud Bautista, Michael Bautista, Lorenzo V Tan, Raul Victor B. Tan, Ismael S. Reyes, Centurytex Trading, William So Go, Weikang Xu, Ding Zhize, Gao Shuhua and John Does.

Kim Wong also applied to the court to relieve him of the charges.

The court, however, turned down his plea, asking Kim Wong to respond to the complaint brought against him by the Bangladesh Bank.

The Bangladesh Financial Intelligence Unit is operating the lawsuit.

On February 4 2016, unknown hackers tried to steal close to $1 billion from the central bank’s reserve but ultimately managed to steal $101 million, including $20 million sent to a Sri Lankan account.

The carefulness of a Sri Lankan bank official, however, foiled the stealing of $20 million and saved Bangladesh from losing the money.

Of the stolen money, the rest $81 million was transferred to fictitious bank accounts of Rizal Commercial Banking Corporation in the Philippines and the same was withdrawn from the bank before it became traceless in the country’s casinos.

Manila returned $15 million following an order issued by a Philippines regional court in November 2016 while the remaining $66 million was yet to be recovered.

Almost three years after the incident, the central bank of Bangladesh filed the first case with a United States district court.

 
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There is no case if these was security breaches in BB. The other parties are not at fault if they did their due diligence.
 
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