Unites States v. Pokerstars, et al

Filing 136

STIPULATION AND ORDER: The Claimant agrees that the Defendant Property of $8,018.04 shall be forfeited to the United States, for disposition according to law, pursuant to Title 18, United States Code, Section 981, without admitting any liability thereunder. The Claimant hereby withdraws its claim and agrees that it shall not file any claim or petition for restoration or remission relative to the Defendant Property, or any action or motion seeking to collaterally attack the seizure, restraint, or forfeiture of the Defendant Property. Furthermore, the parties hereby waive all rights to appeal or to otherwise challenge or contest the validity of this Stipulation and Order of Settlement. This Stipulation and Order of Settlement shall in no way be deemed an admission of culpability, liability, or guilt on behalf of the Claimant, or of the plaintiff United States or any of their respective agents, officers or employees, past and present. Further, this Stipulation and Order of Settlement shall in no way constitute any reflection upon the merits of the claims and defenses asserted respectively by the United States and the Claimant. Each party shall bear its own costs and attorneys' fees. (Signed by Judge Leonard B. Sand on 11/30/2011) (ft)

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UNITED STATES OF AMERICA,

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Plaintiff,

STIPULATION AND ORDER

- v. 11 Civ. 2564 (LBS)
POKERSTARS, et al.,

rrt~'~s ~~NY

Defendants;
ALL RIGHT, TITLE AND INTEREST IN
THE ASSETS OF POKERSTARS, et al.,
Defendants-in-rem.

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I'DOCUMENT
ELECTPONICALLY FILED
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UDATE FILED: \\"

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WHEREAS, on or about April 14, 2011, a verified
complaint, 11 Civ. 2564 (LBS)

(the uComplaint") Was filed under

seal in the United States District court for the Southern
District of New York seeking the forfeiture of certain properties
pursuant to Title 18, United States Code, Sections 1955(d),
981 (a)

(1)

(A), and 981 (a) (1) (c), including $8,018.04 from Bank

Account numbered 9105709543 in the name of Autoscribe Corporation
at Citibank, N.A. and all property traceable thereto

(~the

Defendant Property");
WHEREAS, on or about May 26, 2011, the United States
provided notice of the filing of the Complaint to Autoscribe
Corporation ("Autoscribe" or the "Claimant") by and through its
counsel, Todd Reinecker, Esq.;
WHEREAS, beginning on May 17, 2011, and for thirty

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CHr\\~2:EHC) Oi~
LEONARD B. SAND

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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consecutive days thereafter, pursuant to Rule G (4) (a) of the
Supplemental Rules for Certain Admiralty and Maritime Claims and
Asset Forfeiture Actions, plaintiff United States of America
posted notice of the Verified Complaint against the defendants­
in-~,

on www.forfeiture.gov, the government internet site, and

proof of publication was filed with the Clerk of the Court on
November 22, 2011;
WHEREAS, on or about June 13, 2011, the Claimant filed
a Statement of Interest in the Defendant Property asserting an
ownership in said property;
WHEREAS, on or about September 21, 2011, a verified
amended complaint in this action (the nAmended Complaint") was
filed seeking the forfeiture of, inter alia, the Defendant
Property;
WHEREAS, the Claimant, admitting no wrongdoing in
connection herewith, has agreed to settle this matter; therefore
IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and
between Plaintiff United States of America, by its attorney Preet
Bharara, United States Attorney, Assistant United States
Attorneys, Sharon Cohen Levin, Michael D. Lockard, and Jason H.
Cowley, of counsel, and the Claimant, by its counsel, Michael J.
Gilbert, Esq., that:
1.

The Claimant agrees that the Defendant Property of

$8,018.04 shall be forfeited to the United States, for

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disposition according to law, pursuant to Title 18, United States
Code, Section 981, without admitting any liability thereunder.
2.

The Claimant is hereby barred from asserting any

claim against the United States or any of its agents and
employees (including, without limitation, the Federal Bureau of
Investigation

(~FBI")

and the United States Attorney's Office for

the Southern District of New York ("USAO-SDNY"»

in connection

with or arising out of the United States' seizure, restraint,
and/or constructive possession of the Defendant Property,
including, without limitation, any claim that the United States
did not have probable cause to seize and/or forfeit the Defendant
Property, that the Claimant is a prevailing party or that the
Claimant is entitled to attorneys' fees or any award of interest.
4.

The Claimant represents that it is the sole owner

of the Defendant Property, and agrees to hold harmless the United
States and any and all of its agents and employees (including,
without limitation, the FBI and the USAO-SDNY) from any and all
third-party claims in connection with or arising out of the
United States' seizure, restraint, and/or constructive possession
of the Defendant Property.
5.

The Claimant hereby withdraws its claim and agrees

that it shall not file any claim or petition for restoration or
remission relative to the Defendant Property, or any action or
motion seeking to collaterally attack the seizure, restraint, or

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forfeiture of the Defendant Property.

Furthermore, the parties

hereby waive all rights to appeal or to otherwise challenge or
contest the validity of this Stipulation and Order of Settlement.
6.

This Stipulation and Order of Settlement shall in

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no way be deemed an admission of culpability, liability, or guilt

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on behalf of the Claimant, or of the plaintiff United States or

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any of their respective agents, officers or employees, past and
present.

Further, this Stipulation and Order of Settlement shall

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in no way constitute any reflection upon the merits of the claims
and defenses asserted respectively by the United States and the
Claimant.
7.

Each party shall bear its own costs and attorneys'

fees.
AGREED AND CONSENTED TO:
PREET BHARARA
United States Attorney for the

Southern District of New York

Attorney for PI "ntiff
By:

S
M

Attorneys
One t. Andrew's Plaza
New York, New York 10007
[phone]/2193/2479

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AUTOSCRIBE CORPORATION

By'

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(11;28') ;20\\

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DATE

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By.

Mic ael J. Gil
Dechert LLP

1095 Avenue of the Americas

New York, NY 10036-6797

[phone]

Attorney for Claimant

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DATE

LE LEONARD B. SAND

STATES DISTRICT JUDGE

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