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IN RE ANY AND ALL FUNDS OR OTHER ASSETS, IN BROWN

Nos. 09-5065, 09-5164, 09-5190.

613 F.3d 1122 (2010)

In re ANY AND ALL FUNDS OR OTHER ASSETS, IN BROWN BROTHERS HARRIMAN & CO. ACCOUNT # 8870792 IN the NAME OF TIGER EYE INVESTMENTS LTD., et al., United States of America, Appellant v. Opportunity Fund and Tiger Eye Investments, LTD., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2010.

Attorney(s) appearing for the Case

Jean B. Weld, Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Linda M. Samuel and Daniel H. Claman, Attorneys. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Kelly B. Kramer argued the cause for appellee Opportunity Fund. With him on the brief was Anjali Chaturvedi.

Andrew C. Lourie argued the cause for appellee Tiger Eye Investments, Ltd. With him on the brief were Michael S. Kim and Lara Levinson.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

The U.S. Government seeks a court order under 28 U.S.C. § 2467(d)(3) to freeze the assets of individuals and entities who are the subjects of an ongoing criminal investigation by the Brazilian government for possible violations of Brazilian law.

Before entering the fog of statutory analysis, it is important to carefully identify the power being asserted here. The U.S. Government is claiming authority under 28 U.S.C. § 2467...

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