Unites States v. Pokerstars, et al

Filing 309

FINAL ORDER OF FORFEITURE: Pursuant to 21 U.S.C. § 853(n)(7), the United States of America shall and is hereby deemed to have clear title to the Defendant Currency (the "Forfeited Property"), and the same is hereby forfeited to the United States for disposition according to law; the United States Marshals Service shall take possession of the Forfeited Property and dispose of the same according to law, in accordance with 21 U.S.C. § 853(h); the Court retains jurisdiction over the interpretation and enforcement of this Final Order of Forfeiture; the Clerk of the Court shall forward four certified copies of this Final Order of Forfeiture to Assistant United States Sharon Cohen Levin, Chief of Asset Forfeiture, One St. Andrew's Plaza, New York, New York 10007. (Signed by Judge Kimba M. Wood on 9/30/2013) (tn)

PREET BHARARA
United States Attorney for the
Southern District of New York
By: SHARON COHEN LEVIN
CHRISTINE I. MAGDO
Assistant United States Attorney
One St. Andrew's Plaza
New York, New York 10007
Tel. [phone]
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-x

UNITED STATES OF AMERICA,
Plaintiff,
FINAL ORDER OF FORFEITURE
11 Civ. 2564 (KMW)

- v -

$50 MILLION IN UNITED STATES
CURRENCY,
Defendant-in rem.
-x

WHEREAS, on or about September 20, 2011, a verified
f

t amended complaint, 11 Ci v. 2564

(KMW)

(the "Complaint 1/) was

filed in the United States District Court for the Southern
District of New York seeking the forfeiture of, among other
things, all assets of PokerStars, the Oldford Group Ltd.,
Rational Entertainment Enterprises Ltd., PYR Software Ltd.,
SteJekram Ltd., and Sphene International Ltd.

(col

tive

the

"PokerStars Companies"; their assets collectively the "PokerStars
Defendant Propertylf), pursuant to Title 18, United States Code,
Section 1955 (d),

981 (a) (1) (A), and 981 (a) (1) (Cl, and the

imposition of civil penalties, pursuant to Title 18, United
States Code, Section 1956(b), against the PokerStars Companies;

WHEREAS, on or about July 31, 2012, the Court entered a
Stipulated Order of Settlement between the United States and the
PokerS tars Companies (the "PokerStars Settlement H), in which the
PokerS tars Companies denied all wrongdoing and pursuant to which
the civil penalty and forfeiture claims alleged in the Complaint
against the PokerS tars Companies and the PokerS tars Defendant
Property, respectively, were fully and finally resolved;
WHEREAS, at all relevant times Mark Scheinberg was and
remains a legal and/or beneficial shareholder of the PokerStars
Companies and received, directly and/or indirectly, distributions
from the PokerS tars Companies during the time frames alleged in
the Complaint (together with Mark Scheinberg's legal and/or
beneficial holdings in the PokerS tars companies, the "PokerStars
Distributions,H which does not include money that the PokerS tars
Companies paid to any person, other than Mark Scheinberg, in his
or her capacity as a shareholder or otherwise) ;
WHEREAS, on or about June II, 2013 a Consent Order of
Forfeiture was entered to between the Government and Mark
Scheinberg forfeiting his interest in $50 Million in United
States Currency (the "Defendant CurrencyH);
WHEREAS, on or about June 17, 2013, Mark Scheinberg
made a payment in the amount of $50 Million via wire transfer to
the united States Marshals Service pursuant to the Consent Order
of Forfeiture;

2

WHEREAS, Mark Scheinberg is the only person known by
the Government to have a potential interest in the Defendant
Currency;
WHEREAS, notice of the verified complaint against the
Defendant Currency was published on the government internet site
www.forfeiture.gov, for thirty consecutive days,
2013 through August 17, 2013.

from July 19,

Proof of such publication was

filed with the Clerk of this Court on September 24, 2013;
WHEREAS, no other claims or answers have been filed or
made in this action, no other parties have appeared to contest
the action to date, and the requisite time periods have expired;
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED AS
FOLLOWS:
1.

Pursuant to 21 U.S.C.

§

853{n} {7}

I

the United

States of America shall and is hereby deemed to have clear title
to the Defendant Currency (the "Forfeited Property"), and the
same is hereby forfeited to the United States for disposition
according to law.
2.

The United States Marshals Service shall take

possession of the Forfeited Property and dispose of the same
according to law, in accordance with 21 U.S.C.
3.

§

853(h}

The Court retains jurisdiction over the

interpretation and enforcement of this Final Order of Forfeiture.

3

4.

The Clerk of the Court shall forward four

certified copies of this Final Order of Forfeiture to Assistant
United States Sharon Cohen Levin, Chief of Asset Forfeiture, One
St. Andrew's Plaza, New York, New York, 10007.
Dated: New York, New York
September 30
2013
1

{~m.~~_
HONORABLE KIMBA M. WOOD
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK

4