Unites States v. Pokerstars, et al

Filing 303

STIPULATION AND ORDER OF DISMISSAL IN REGARD TO THE CLAIM OF AVOINE - SERVICO DE CONSULTADORIA E MARKETING, LDA: The claim of Avoine is hereby dismissed with prejudice, without leave to file any new or additional claims in this action in regard to the Defendant Property. Avoine 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. (Signed by Judge Kimba M. Wood on 6/3/2013) (ft) Modified on 6/3/2013 (ft).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

x

USDSSDNY

DOCUMENT

ELECTRONICALLY FILED

DOC#:
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UNITED STATES OF AMERICA,
Plaintiff,

STIPULATION AND ORDER
OF DISMISSAL IN REGARD
TO THE CLAIM OF

AVOINE - SERVICO DE

CONSULTADORIA E

MARKETING, LDA

v.
POKERSTARS , et al.,
Defendants;

11 Civ. 2564

(KMW)

ALL RIGHT, TITLE AND INTEREST IN

THE ASSETS OF POKERSTARS, et al.,

Defendants-in-rem.

x
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 property
pursuant to Title 18, United States Code, Sections 1955(d),
981(a) (1) (A), and 981(a) (1) (C)

i

WHEREAS, included in such property were all assets of
the following entities, collectively doing business as Absolute
Poker:
1.

Absolute Poker;

2.

Ultimate Bet;

3.

SGS Systems Inc.;
1

4.

Trust Services Ltd.;

5.

Fiducia Exchange Ltd.;

6.

Blue Water Services Ltd.;

7.

Absolute Entertainment, S.A; and Blanca
Games, Inc. of Antigua

(collectivelYI the "Absolute Poker Companies," and the assets of
the Absolute Poker Companies, the "Defendant Property") .
WHEREAS, beginning on May 17, 2011, and for thirty
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 defendantsin-rem, on www.forfeiture

, the government internet site, and

proof of publication was filed with the Clerk of the Court on
November 22, 2011;
WHEREAS, on or about September 21, 2011

1

a verified

amended complaint in this action was filed seeking the
forfeiture of, inter alia, the Defendant Domains;
WHEREAS, on or about January 5, 2012

1

Avoine - Servico

De Consultadoria E Marketing, Lda ("Avoine" or "Claimant") filed
a verified claim asserting an ownership interest in the
Defendant Property or a portion thereof;
WHEREAS, on or about September 10, 2012, a verified
second amended complaint (the "Amended Complaint") in this
2

action was filed seeking the forfeiture oft inter alia t the
Defendant Property;
WHEREAS t the Government and the Claimant have agreed
to resolve this matter; therefore
IT IS HEREBY STIPULATED t ORDERED AND AGREED t by and
between Plaintiff United States of America t by its attorney
Preet Bharara t United States AttorneYt Assistant United States
Attorneyst Sharon Cohen Levin, Michael D. Lockard t Jason H.
CowleYt and Christine I. Magdo

t

of counselt and Claimant t by its

counsel, Leonard A. Rodes, that;
1.

The claim of Avoine is hereby dismissed with

prejudice, without leave to file any new or additional claims in
this action in regard to the Defendant Property.
2.

Avoine 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
PropertYt 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

3

prevailing party or that the Claimant is entitled to attorneys'
fees or any award of interest.
3.

This Stipulation and Order is without prejudice

to any claims of the Claimant, or its right or ability to take
legal action based on such claims, against any person or entity
other than United States (or any of its agents and employees)
relating to the facts and allegations set forth in (1) the
Amended Complaint or (2) Avoine's claim or answer filed in this
action.
4.

Avoine is expressly prohibited from taking any

action or making any 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.
5.

This Stipulation and Order is without prejudice

to the Claimant's right or ability to file a petition for
remission relating to the Defendant Property.

This Stipulation

and Order does not constitute a recommendation that any such
petition should either be granted or denied.
6.

In relation to the allegations set forth in the

Amended Complaint, the united States shall not bring any claims
against Claimant or Thomas Steen Brandi, who was appointed as
sole director and chairman of Avoine pursuant to bankruptcy

4

proceedings relating to Avoine's parent company that have been
initiated in Norway.
7.

Each party shall bear its own costs and

attorneys' fees.
8.

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 for the
Southern District of New York
Attorney for Plaintiff

By:
DATE

Christine I. Magdo
Assistant United States Attorneys
One St. Andrew's Plaza
New York, New York 10007
[phone]/2193/2479/2297

[ADDITIONAL SIGNATURES ON FOLLOWING PAGE]

5

Avoine
By:

nsultadoria E Marketing, Lda

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DATE

By:

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Leonard A. Rod
Trachtenberg Rodes & Friedberg LLP
545 Fifth Avenue

New York, NY

10017

[phone]

SO ORDERED;

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THE HONORABLE KIMBA W. WOOD
UNITED STATES DISTRICT JUDGE

DATE