Questão jurídica principal
Whether the criminal seizure on the joint account remained proportionate under Art. 263 CPP
Decisão extraída
The seizure could not be maintained over the full balance because the likelihood of confiscation had not increased beyond USD 530,000; it was sufficient to retain USD 600,000 for alleged proceeds, interest, and expected costs.
Fundamentação extraída
Provisional seizure must remain proportionate to the likely criminal proceeds. After more than a year of investigation, authorities had produced no additional elements showing illicit funds above the amount stated in the Hawaiian indictment. The full seizure was therefore excessive, but a reduced seizure was justified to secure possible confiscation and procedural costs.