Unites States v. Pokerstars, et al

Filing 181

STIPULATION AND ORDER IN REGARD TO CHAD ELIE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the United States of America, by its attorney Preet Bharara, united States Attorney for the Southern District of New York, Jason H. Cowley, Assistant United States Attorney, of counsel, and Chad Elie, by his attorneys, Barry H. Berke, Esq., and Dani R. James, Esq., that:1. Chad Elie hereby withdraws his claim asserting an interest in the Claimed Property. Upon the Court's endorsement of this Stipulation and Order, said claim is hereby deemed dismissed with prejudice, without costs and/or attorney's fees to either party. (Signed by Judge Leonard B. Sand on 4/30/2012) (djc)

UNITEO STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,

C!VdViJU1S OF
;-'D B. ~~f\ND

LF~O~!:

STIPULATION AND ORDER IN
REGARD TO CHAD ELIE

Plaintiff,
- v. ­

1) Civ.

POKERS TARS , et al,;

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r~l.;;)DSSDNY

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

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:! I)QCUMENT
. II'
r LECTRONICALLY FILED

II

'iDOC#:

Defendants-in-rem.

(LB§l ___ _

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U~)ATE F-IL-E-D-:·-'1----3r--D-·--\_-~-

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

(LBS)

(the "Complaint") was filed under

seal in the United States District Court for the Southern
District of New York seeking the forfeiture of certain properties
(the "Subject Property") pursuant to Title 18, United States
Code, Sections 1955 (d), 981 (al (1) (Al, and 981 (a) (1) (Cl, and
seeking civil money laundering penalties pursuant to Title 18,
United States Code, Section 1956 against PokerStars and others;
WHEREAS, on or about June 15, 2011, claimant Chad Elie
filed a verified claim asserting an ownership/possessory interest
in certain of the Subject Property, including the following
(collectively,
1.

the "Claimed Property"):
account numbered 121015408 held at Sunfirst Bank,
St. George, Utah, in the name of Triple Seven LP
d/b/a Netwebfunds.com, and all funds traceable
thereto;

2.

account numbered 121015390 held at Sunfirst Bank,
St. George, Utah, in the name of Triple Seven LP
d/b/a A WEB DEBIT, and all funds traceable
thereto;

3.

account numbered 27351910081015 held at Societe
Generale Cyprus LTD, Cyprus, in the name of Golden
Shores Properties Limited, and all funds traceab
thereto;

4.

account numbered CY1211501001065983USDCACC002 held
at FBME Bank LTD, Cyprus, in the name of Triple
Seven Inc., and all funds traceable thereto;

5.

account numbered 5510045221 held at Wells Fargo,
N.A., in the name of Triple Seven L.P., and all
funds traceable thereto;

6.

account numbered 7478010312 held at Wells
,
N.A., in the name of Kombi Capital, and all funds
traceable thereto;

7.

account numbered 12900584 held at Sun first Bank,
St. George, Utah, formerly in the name of Sunfirst
Bank ITF Powder Monkeys/Full Tilt, now in the name
of Sunfirst Bank, and all funds traceable thereto;

8.

account numbered 129000576 on deposit at Sunfirst
Bank, St. George, Utah, formerly in the name of
Sunfirst Bank ITF Mastery Merchant/Psars, now in
the name of Sunfirst Bank, and all funds traceable
thereto;

9.

account numbered 200003291 held at All American
Bank, Des Plaines, Illinois, in the name of 21
Debit LLC, and all funds traceable thereto;

10. account numbered 200003317 held at All American
Bank, Des Plaines, Illinois, in the name of 21
Debit LLC, and all funds traceable thereto;
11. account numbered 200003325 held at All American
Bank, Des Plaines, Illinois, in the name of 21
Debit LLC, and all funds traceable thereto;
12. Account numbered 200003309 held at All American
Bank, Des Plaines, Illinois, in the name of 21
Debit LLC, and all funds traceable thereto;

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13. account number 201002907 at Barc1ays Bank, UK in
the name of Hotwire Financial LLC, and all funds
traceable thereto;
14. account number GB26BARC20473563472044 at Barclays
Bank, UK, in the name of Hotwire Financial LTD,
and all funds traceable thereto;
15. account number 953500105 at Bank One Utah, in the
name of 4 A Consulting, and all funds traceable
thereto;
16. account numbered 32433 at New City Bank in the
name of 21Debit LLC dba PS Payments, and all funds
traceable thereto;
17. account numbered 32441 at Ne'Y'l City Bank in the
name of 21Debit LLC dba FLT Payments, and all
funds traceable thereto:
18. account number 32506 at New City Bank in the name
of 21Debit LLC, and all funds traceable thereto;
19. $410,449.93 formerly on deposit at Bank of America
Account numbered 229006067857 held in the name of
Viable Marketing Corp. and all property traceable
thereto;
20. $8,168,168.89 formerly on deposit at Fifth Third
Bank in Account numbered 7431859508, held in the
name of Viable Marketing Corp. and all property
traceable thereto:
21. $40,960.86 formerly on deposit at Fifth Third Bank
in Account numbered 7432618069, held in the name
of Viable Marketing Corp. and all property
traceable thereto; and
22. $33,743.75 formerly on deposit at Bank of America
Account numbered 003678667131 held in the name of
EZO, LLC ans all property traceable thereto;
WHEREAS, on or about September 21, 2011, a verified
amended complaint in this action <the "Amended Complaintlf) was
filed seeking the forfeiture of the Subject Property and seeking

3

civil money laundering penalties pursuant to Title 18, united
States Code, Section 1956 against PokerStars and others; and
WHEREAS, claimant Chad Elie has agreed to withdraw his
claim to the Claimed Property;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by
and between the United States of America, by its attorney Preet
Bharara, united States Attorney for the Southern District of New
York, Jason H. Cowley, Assistant United States Attorney, of
counsel, and Chad Elie, by his attorneys, Barry H. Berke, Esq.,
and Dani R. James, Esq., that:
1.

Chad Elie hereby withdraws his claim asserting an

interest in the Claimed Property.

Upon the Court's endorsement

of this Stipulation and Order, said claim is hereby deemed
dismissed with prejudice, without costs and/or attorney's fees to
either party.
2.

Chad Elie hereby relinquishes any claim under the

U.S. asset forfeiture laws that he has or may have, on any legal,
factual or other basis, in any manner or forum (including but not
limited to a petition for remission or mitigation), to the
Subject Property (including the Claimed Property), and all
property traceable to such property, and agrees that he will not
object to the entry of any Order of Forfeiture concerning any
Subject Property in this matter or otherwise contest the
administrative or judicial forfeiture of such property under the

4

U.S. forfeiture laws or assist a third party in doing so.
3.

Chad Elie will take all necessary steps to pass

clear title to the Claimed Property to the United States, its
agent or designee, including, but not limited to, the execution
of all documentation necessary to effect the forfeiture or
transfer of the Claimed Property as may be directed by the United
States, its agent or designee.
4.

Chad Elie understands and agrees that this

Stipulation and Order constitutes a full and final settlement of
his claim and that he waives any rights to litigate further his
interest in the Subject Property (including the Claimed
Property), and to petition for remission or mitigation of the
forfeiture.

5

6.

The signature pages of this Stipulation and Order

may be executed in one or more counterparts, each of which will
be deemed an original but all of which together will constitute
one and the same instrument.

Signature pages may be by fax and

such signatures shall be deemed as valid originals.
AGREED AND CONSENTED TO:
PREET BHARARA
United States Attorney
Southern District of New York
By:
Jason H. Cowley
Assistant United States Attorney
One St. Andrew's Plaza
New York, New York 10007
[phone]

DATE

CHAD ELIE

Chad Elie

By;

DATE

!J~

BarryH:BerkE;,Sq:
Dani R. James, Esq.
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036
Counsel for Chad Elie

SO ORDERED:

HONORABLE LEONARD B. SAND
UNITED STATES DISTRICT JUDGE

6

DATE

6.

The signa-ture pages of this Stipulation and Order

maybe executed in one or more counterparts, eachbf which will
be deemed an original but all of which together will constitute
one and the same instrument.

Signature pages may be by fax .and

such signatures shall be deemed as valid originals.
AGREED AND CONSEN1'ED TO:
PREET ·B.HA,RAM

United st
Southern

York

By:

. States Attorney
Plaz.a
rk 10007

CHAD £L1E

'-'1-;1.3 -clold...
Chad Elle

DATE

Barry H. Berke, Esq.
Dani R. James, Esq.

DATE

By:
Kramer Levin Naftalis & E'rankel LLP

1177 Avenue of the Americas

York, NY 10036

N.ew

Coliri.5el for Chad Elie

SOORDE

'u4~

HONO~LE

LEONARD B. SAND
UNIT D S'JATES DISTRICT· JUDGE

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