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
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-x
DOC#:
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DATE FILED:
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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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