Professional Documents
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Plaintiff
CIVIL NO. 09-1909 (FAB)
v.
Defendant
ANSWER TO COMPLAINT
1. Paragraph 1 is admitted.
2. Paragraph 2 is admitted.
denied.
denied.
6. Paragraph 6 is denied as drafted. The referred bank account at CIBC was opened
9. Paragraph 9 is admitted.
25. Paragraph 25 is denied as drafted. The Seizure Warrant and all its related
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55. CIBC incorporates herein by reference all its responses to paragraphs 1 through 54
62A. The first judgment demand stated on page 12 of the Complaint is denied.
62. CIBC incorporates herein by reference all its responses to paragraphs 1 through 61
66A. The second judgment demand stated on page 12 of the Complaint is denied.
66. CIBC incorporates herein by reference all its responses to paragraphs 1 through 65
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73A. The third judgment demand stated on page 13 of the Complaint is denied
73. Plaintiff’s demand for jury trial does not require a responsive pleading.
74. CIBC denies any and all allegations contained in the Complaint which may have not
AFFIRMATIVE DEFENSES
fails to state a claim upon which relief may be granted under federal law.
4. On March 25, 2009, at 4:38 p.m., the United States District Court for the District of
Puerto Rico issued a Seizure Warrant under Case No. 09-264 (M). This warrant
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6. Further, the Seizure Warrant stated: “This seizure warrant will authorize the seizure
of any funds and any account and in transit wire transfers in the CARACAS
following corporations or dba’s: .... ..... d. Rosemont D Corporation and any DBA
7. The referred Seizure Warrant was executed on Defendant CIBC on March 26,
8. CIBC was legally required to fully comply with the Seizure Warrant.
9. Plaintiff’s Multitrade’s funds and monies at CIBC were clearly within the scope of
10. Multinvest Casa de Bolsa C.A. and Multitrade share the same Code of Ethics,
11. Multinvest Casa de Bolsa C.A.’s directors and executives are shareholders for
Multitrade.
12. Multinvest Casa de Bolsa C.A.’s directors and executives have authorized
13. Many deposits made into Multitrade’s account at CIBC were made via fund transfers
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14. Multitrade may only challenge the Seizure Warrant through the corresponding and
15. CIBC may not provide Multitrade any relief for the seizure of its monies.
16. On September 16, 2009, Multitrade filed action against the U.S. Government
17. Plaintiff has made intentional false and inflammatory allegations and
18. Pursuant to section 31 U.S.C. §5318(g) CIBC is immune from any and all liability for
the disclosure of information regarding Multitrade and Multinvest and the delivery
RESPECTFULLY SUBMITTED.
CERTIFICATE OF SERVICE: I hereby certify that copy of this motion has been
electronically filed on this date with the Clerk of the Court using the CM/ECF system, which