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United States v. All Petroleum-Product Cargo Aboard the Achilleas With International Maritime Organization Number 9398072

2026-08-28

Summary

Holding. The court denied Asemani's motion to intervene because third parties in civil forfeiture actions must proceed exclusively through Supplemental Rule G(5) by filing a verified claim and answer, not through Rule 24 intervention, and Asemani failed to comply with these mandatory requirements.

This case involves an in rem civil forfeiture action brought by the United States against petroleum cargo aboard the M/T Achilleas, which originated from Iranian oil terminals and is alleged to be subject to forfeiture under federal law as property connected to sanctioned Iranian entities. Billy G. Asemani, proceeding without counsel, filed a motion to intervene as a claimant under Federal Rule of Civil Procedure 24, claiming an interest in the seized property based on a separate action he had filed in Florida that was dismissed shortly before.

The court held that civil forfeiture actions are governed by the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, which establish the exclusive procedure for third parties to contest forfeiture. Rather than permitting intervention under Rule 24, potential claimants must comply strictly with Supplemental Rule G(5), which requires filing a verified claim identifying the specific property and the claimant's interest, along with an answer to the government's complaint within 21 days. Asemani's motion failed on two material grounds: he did not assert any specific interest in the defendant property itself (instead indicating he would address his claim at a later time), and he did not file the required answer to the complaint within the prescribed deadline.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Proper procedure for third-party claims in civil forfeiture actions
  • Whether Rule 24 intervention applies to forfeiture cases
  • Strict compliance with Supplemental Rule G(5) requirements
  • Treatment of pro se litigant procedural deficiencies in forfeiture actions

Procedural posture

The court considered a pro se motion to intervene filed by Asemani in an ongoing in rem civil forfeiture action.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)

UNITED STATES OF AMERICA )

)

Plaintiff, )

)

v. ) Civil Action No. 21-0305 (PLF)

)

ALL PETROLEUM-PRODUCT CARGO )

ABOARD THE ACHILLEAS WITH )

INTERNATIONAL MARITIME )

ORGANIZATION NUMBER 9398072, )

)

Defendant In Rem, )

)

FUJAIRAH INTERNATIONAL OIL & )

GAS CORPORATION, )

)

Claimant, )

)

- and - )

)

STEVEN M. GREENBAUM, et al., )

)

Claimants. )

____________________________________)

MEMORANDUM OPINION AND ORDER

Pending before the Court is movant Billy G. Asemani’s Motion to Intervene

Pursuant to Rule 24 of the F.R.C.P. (“Mot.”) [Dkt. No. 80]. Mr. Asemani, proceeding pro se,

seeks to intervene as a claimant in this forfeiture action pursuant to Rule 24 of the Federal Rules

of Civil Procedure. A third party claiming an interest in the defendant property in a civil

forfeiture action must proceed in accordance with the Supplemental Rules for Admiralty or

Maritime Claims and Asset Forfeiture Actions (the “Supplemental Rules”). See United States v. All Assets Held at Bank Julius Baer & Co., 743 F. Supp. 3d 204, 217 (D.D.C. 2024). Because

Mr. Asemani has not complied with the Supplemental Rules, the Court will deny his motion.

I. BACKGROUND

This in rem forfeiture action arises out of a federal investigation into the

transportation and sale of oil products for the benefit of sanctioned entities of the Islamic

Republic of Iran. See United States’ Verified Amended Complaint for Forfeiture In Rem [Dkt.

No. 61] ¶ 1. At issue is oil cargo formerly aboard a vessel called the M/T Achilleas (the

“Defendant Property”), which “originated from oil terminals in Iran.” Id. The United States

alleges that the petroleum cargo “is subject to seizure and forfeiture pursuant to 18 U.S.C.

§ 981(a)(1)(G)(1).” Id. ¶ 2.

On May 21, 2026, Mr. Asemani moved to intervene in this civil forfeiture action

as an “interested party” pursuant to Rule 24 of the Federal Rules of Civil Procedure. Mot.; see

FED. R. CIV. P. 24. He suggests that his interest in this case arises from a separate action that he

filed in the Southern District of Florida. See Mot. (citing Asemani v. Office of Foreign Assets

Control, Civil Action No. 26-14051 (S.D. Fla.)). Magistrate Judge Maynard dismissed that

action without prejudice for failure to state a claim about a month before Mr. Asemani filed his

motion in this Court. See United States’ Opposition to Billy G. Asemani’s Motion to Intervene

(“Opp.”) [Dkt. No. 81] at Ex. 1; Order, Asemani v. Office of Foreign Assets Control, Civil

Action No. 26-14051, at 5-9 (S.D. Fla. Apr. 29, 2026), Dkt. No. 16. Mr. Asemani states that he

will address his purported interest in the Defendant Property through a memorandum that he will

file “[a]t a follow-up juncture.” Mot.

The United States filed an opposition to Mr. Asemani’s motion on June 17, 2026.

See Opp. As of the date of this Memorandum Opinion and Order, Mr. Asemani has not filed a

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reply in further support of his motion. Mr. Asemani also has not filed an answer to the United

States’ verified complaint.

II. LEGAL STANDARD

Civil forfeiture actions “are governed by the procedures set forth in 18 U.S.C.

§ 983 and the Supplemental Rules . . . , a subset of the Federal Rules of Civil Procedure.”

United States v. All Assets Held at Bank Julius Baer & Co., 743 F. Supp. 3d at 217. “When the

government files a complaint for forfeiture, ‘any person claiming an interest in the seized

property may file a claim asserting such person’s interest in the property in the manner set forth

in the Supplemental Rules.” Id. (quoting 18 U.S.C. § 983(a)(4)(A)); see FED. R. CIV. P. SUPP. R.

G(5)(a)(i). “Courts generally expect claimants to adhere strictly to” the requirements of the

Supplemental Rules. United States v. All Assets Held at Bank Julius Baer & Co., 743 F.

Supp. 3d at 217.

Pursuant to Supplemental Rule G(5), a claimant asserting “an interest in the

defendant property” must file a claim that: (1) “identif[ies] the specific property claimed”;

(2) “identif[ies] the claimant and state[s] the claimant’s interest in the property”; (3) “[is] signed

by the claimant under penalty of perjury;” and (4) “[is] served on the government attorney

designated under Rule G(4)(a)(ii)(C) or (b)(ii)(D).” FED. R. CIV. P. SUPP. R. G(5)(a). In

addition, “[a] claimant must serve and file an answer to the complaint or a motion under Rule 12

within 21 days after filing the claim.” FED. R. CIV. P. SUPP. R. G(5)(b). “The only way for a

third party to intervene in a civil forfeiture case is to file a claim to the property and an answer to

the Government’s complaint pursuant to [Supplemental] Rule G(5).” United States v. All Assets

Held at Bank Julius Baer & Co., 743 F. Supp. 3d at 217 (alteration in original) (quoting Stefan

D. Cassella, ASSET FORFEITURE LAW IN THE UNITED STATES § 7-13(a), at 371 (3d ed. 2022)); see

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also United States v. Fifty-Three Virtual Currency Accts., Civil Action No. 20-2227 (RC), 2025

WL 2732705, at *3 (D.D.C. Sep. 25, 2025) (“To contest forfeiture, a claimant must file a

verified claim and an answer pursuant to Supplemental Rule G(5).”). The verified claim and

answer establish a claimant’s statutory standing to contest forfeiture, and a party who does not

file either may not participate in the litigation. See United States v. Fifty-Three Virtual Currency

Accts., 2025 WL 2732705, at *3.

III. DISCUSSION

Mr. Asemani seeks to intervene in this action under Rule 24 of the Federal Rules

of Civil Procedure. See Mot. As noted above, however, “[t]he only way for a third party to

intervene in a civil forfeiture case is to file a claim to the property and an answer to the

Government’s complaint pursuant to [Supplemental] Rule G(5).” United States v. All Assets

Held at Bank Julius Baer & Co., 743 F. Supp. 3d at 217. “[P]utative claimants have no separate

right to intervene under Rule 24 of the Federal Rules of Civil Procedure.” Id.; see also Minute

Order, United States v. $12,973,529 in Funds on Deposit at the U.S. Treasury, Account No.

Xxxx1883, Civil Action No. 26-0802 (DLF) (D.D.C. June 1, 2026) (denying a motion to

intervene under Rule 24 because “Rule G(5)(a), which sets forth the requirements for potential

claims, does not contemplate motions to intervene as a plaintiff”).

Even construing Mr. Asemani’s motion to intervene—favorably to him—as a

claim under Supplemental Rule G(5), that claim does not comply with the Supplemental Rules in

at least two ways. First, Mr. Asemani does not “assert an interest in the specific property named

as a defendant.” United States v. Fifty-Three Virtual Currency Accts., 2025 WL 2732705,

at *3; see FED. R. CIV. P. SUPP. R. G(5)(a)(i)-(ii). Instead, Mr. Asemani’s one-page motion

merely asserts that he will address “his claim to a portion of the properties that are the subject of

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the forfeiture request” at a “follow-up juncture.” Mot. To be sure, “where claimants are

proceeding pro se, courts may excuse some minor procedural failings so long as ‘the underlying

goals of’ the Supplemental Rules ‘are not frustrated.’” United States v. All Assets Held at Bank

Julius Baer & Co., 664 F. Supp. 2d 97, 102 (D.D.C. 2009) (quoting United States v. Funds from

Prudential Secs., 300 F. Supp. 2d 99, 104 (D.D.C. 2004)). But as the government correctly

points out, Mr. Asemani’s “failure to assert any interest in the defendant property is not a minor

procedural error—it is a material deficiency frustrating the purpose of [Supplemental] Rule

(G)(5).” Opp. at 5. “[T]he less stringent standard for pro se litigants does not allow them to

simply disregard the applicable [rules].” United States v. All Assets Held at Bank Julius Baer &

Co., 664 F. Supp. 2d at 102 (quoting United States v. Funds from Prudential Secs., 362 F.

Supp. 2d 75, 82 (D.D.C. 2005)).

Second, Mr. Asemani has not filed an answer to the verified complaint. See

United States v. All Assets Held at Bank Julius Baer & Co., 664 F. Supp. 2d at 102. Pursuant to

Supplemental Rule G(5), Mr. Asemani was required to file an answer or a motion under Rule 12

of the Federal Rules of Civil Procedure “within 21 days after filing the claim.” FED. R. CIV. P.

SUPP. R. G(5)(b). Mr. Asemani filed his claim on May 21, 2026, see Mot., meaning that he was

required to file an answer or Rule 12 motion on or before June 11, 2026. He has not done so. As

this Court previously has explained, such a “failing [is] dispositive,” even when the putative

claimant is proceeding pro se. United States v. All Assets Held at Bank Julius Baer & Co., 664

F. Supp. 2d at 102.

In sum, Mr. Asemani has failed to comply with the requirements of Supplemental

Rule G, which provides the exclusive means of contesting forfeiture. The Court therefore will

deny his motion to intervene.

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