Unites States v. Pokerstars, et al

Filing 46

STIPULATION AND ORDER: PokerStars and any of its subsidiaries, affiliates, anyone acting on behalf of PokerStars, all persons or entities acting in concert or participation with any of the above, and all persons and entities having actual knowledge of this Order, shall not directly or indirectly, transfer, sell, assign, pledge, hypothecate, encumber, dissipate, distribute, or move $5.5 million in the Account. (Signed by Judge Leonard B. Sand on 9/1/2011) (jar)

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- - - --- " [USDSSDNY "\DOCUMENT ". ELECTRONICALLY FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1 "j -x DOC#: ' DATE FILED: - \ I :J I UNITED STATES OF AMERICA, Plaintiff, STIPULATION AND ORDER - v. 11 Civ. 2564 (LBS) POKERS TARS , et al., Defendants; 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 properties (the "Subject Prope ) pursuant to Title 18, United States Code, Sections 1955 (d), 981 (a) (1) (A), and 981 (a) (1) (C), and seeking civil money laundering penalties pursuant to Title 18, United States Code, Section 1956 nst, inter alia, PokerStars, Oldford Group Ltd., Rational Entertainment Enterprises Ltd., Pyr Software Ltd., Stelekram Ltd., and Sphene International Ltd. (collect ly"PokerStars"); WHEREAS, PokerStars has represented that $5.5 Million in funds held in an account numbered 272010 Bank (the "Account") at lim Luxemburg derived from online poker ay for real money in the United States, and the United States Attorney's \ Office for the Southern District of New York (the " Government") contends that such funds are subject to seizure, restraint, and rfeiture pursuant to Title 18, United States Code, Sections 1955 (d), 981 (a) (1) ), and 981 (a) (1) (c) ; WHEREAS, the Government and PokerS tars have reached an agreement pursuant to which PokerStars consents to the restraint of $5.5 million in the Account for the pendency of the above captioned case, and the Government agrees that it does not object to PokerStars' use of the remaining funds in that account; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the United States of America, by its at Preet Bharara, United States Attorney for the Southern District of New York, Jason H. Cowley, Assistant ted States Attorney, of , David M. Zornow, counsel, and PokerStars, by their Esq., of Skadden, 1. s, Slate, Meagher & Flom LLP, that: PokerStars and any of its subsidiaries, affiliates, anyone acting on behalf of PokerStars, all persons or entities acting in concert or partic ion with any of the above, and all persons and entities having actual knowledge of this Order, shall not directly or indirectly, assign, pledge, hypothecate, encumber, diss transfer, sell, , distribute, or move $5.5 million in the Account; 2. The 1 ations and restra s in the above paragraph expressly do not apply to any amount over and above 2 $5.5 million in the Account. PokerStars may transfer or distribute any amount over the $5.5 million in the Account subject to restraint. 3. This Order shall be binding upon PokerStars and any of its subsidiaries, affiliates, anyone act on behalf of PokerStars, all persons or ent ties acting in concert or participation with any of the above, and all persons and entities having actual knowledge of this Order; 4. This Order shall remain in place until: (i) the conclusion of the litigation in United States v. Pokerstars, et. al., 11 Civ. 2564 (LBS) in the United States District Court for the Southern District of New York; or (ii) a rega rseding Order the Account is entered; 5. PokerStars' consent to the entry of this Order does not constitute an admission of liabili nor a consent to jurisdiction. 3 as to any matter 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: States Attorney ne Plaza Ne York, New York 10007 (212) 637-2479 POKERSTARS, OLDFORD GROUP LTD., RATIONAL ENTERTAINMENT ENTERPRISES LTD., PYR SOFTWARE LTD., STELEKRAM LTD., and SPHENE INTERNATIONAL LTD. By: 4'-':J0~::.+ DATE David M. rnow, Esq. Skadden, Arps, Slate, Meagher & Flom LLP Four Times Square New York, New York 10036 (212) -z...s: 2 0 II 735-2890 Counsel for PokerStars, Oldford Group Ltd., Rational Entertainment Enterprises Ltd., Pyr Software Ltd., Stelekram Ltd., and Sphene International Ltd. SO ORDERED: , ~uJ;fd S?~,[ HONORABLE LEONARD B. SAND UNITED STATES DISTRICT JUDGE 4

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