WINTER, Circuit Judge:
Ashapura Minechem, Ltd., appeals from Judge Hellerstein's order denying its motion to vacate maritime attachments of electronic fund transfers ("EFTs") entered pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions ("Rule B"). Fed.R.Civ.P. Supp. R.B. We have previously held that EFTs are not properly
Accordingly, we vacate and remand with instructions to release the attached property.
The underlying dispute does not concern us. It suffices to say that, in September 2008, Eitzen, the plaintiff, obtained a Rule B attachment of EFTs of which Ashapura, the defendant, was an originator or beneficiary. By early 2009, Eitzen had attached over $1.7 million in EFTs, which the garnishee banks transferred into suspense accounts. Eitzen ultimately obtained an arbitration award in London of approximately $36.6 million, which it moved to confirm in the Southern District. On July 24, 2009, before our decision in Jaldhi, the district court entered judgment for the full amount of the arbitration award and ordered the garnishee banks to turn the restrained property over to Eitzen within ten days after entry of the judgment. Ashapura did not appeal. Eitzen's collection efforts were stalled when other creditors of Ashapura asserted their own claims against the funds in the suspense accounts. By March 24, 2010, however, those creditors' claims were all either voluntarily withdrawn or determined against them, leaving only Eitzen's attachment in effect.
On November 9, 2009, Ashapura filed a motion to vacate the Rule B attachment pursuant to Jaldhi. The district court denied the motion. Noting that this case "involve[d] actual funds, held in suspense accounts, not EFTs," and that, under Jaldhi and Hawknet, it "lacked jurisdiction to order the funds attached," the court stated that "they nevertheless were attached and plainly [the court has] jurisdiction to order their disposition." It held that neither Jaldhi nor Hawknet "confronted issues arising from an evasive judgment debtor or multiple claims of creditors, including a judgment creditor." The court then upheld the attachment as an exercise of its equity powers. Ashapura brought the present appeal.
Eitzen argues that this case is not governed by Jaldhi and Hawknet because the district court's judgment and turnover order below caused the attachment to "merge" into the final judgment prior to the filing of those opinions. Eitzen further contends that Hawknet's retroactive application of Jaldhi does not apply here because the case is no longer "open on direct review," Hawknet, 590 F.3d at 91, given Ashapura's failure to appeal. We find both arguments unpersuasive.
The attachment of EFTs between Ashapura and third parties was invalid under the rule announced in Jaldhi, 585 F.3d at 71. Because the judgment against Ashapura was not executed against the funds, its finality did nothing to alter the legal basis of the banks' retention of the funds in the suspense accounts. See Scanscot Shipping Servs. GmbH v. Metales Tracomex LTDA, 617 F.3d 679, 682 (2d Cir. 2010) ("The new suspense account neither cures the jurisdictional defect nor provides a basis for reattachment of the same funds.").
Although the question of Ashapura's liability may no longer be "open on direct
For the foregoing reasons, we vacate the district court's order denying Ashapura's motion to vacate the Rule B attachment and remand with instructions to release those funds.