United States of America v. All Funds Held in Account Number CH1408760000050335300 at Lombard Odier Darier Hentsch & Cie Bank, Switzerland, on Behalf of Takilant Limited, and Any Property Traceable Thereto et al

Filing 72

PARTIAL DEFAULT JUDGMENT AND ORDER OF FORFEITURE: NOW THEREFORE, on the motion of Marie Dalton, Trial Attorney for the United States Department of Justice, Asset Forfeiture and Money Laundering Section; IT IS HEREBY ORDERED that: 1. Plaintiff Un ited States of America shall have judgment by default against Gulnara Karimova, Bekhzod Akhmedov, Alisher Ergashev, Rustam Madumarov, Gayane Avakyan, Sodikjon Sokhibjonov, Shokrukh Sabirov, and the entities Tozian and Takilant Limited, and all pot ential claimants, other than the Republic of Uzbekistan, who have not otherwise filed a claim to the Defendant Property. 2. Consistent with this Order, Gulnara Karimova, Bekhzod Akhmedov, Alisher Ergashev, Rustam Madumarov, Gayane Avakyan, Sodi kjon Sokhibjonov, Shokrukh Sabirov, and the entities Tozian and Takilant Limited, and all potential claimants, other than the Republic of Uzbekistan, who have not otherwise filed a claim to the Defendant Property are time-barred from contesting th e forfeiture of the Defendant Property. 3. Nothing in this order shall be construed to be inconsistent with or otherwise limit the stipulated motion filed by counsel for the Republic of Uzbekistan and the United States on April 27, 2016. 4. This Order is and shall be without prejudice to and shall not affect the rights, claims, interests, or arguments, including but not limited to jurisdictional arguments, that the Republic of Uzbekistan may have, and this Order shall not in any resp ect be deemed a judgment against the Republic of Uzbekistan. SO ORDERED. Motions terminated: 14 MOTION for Default Judgment as to Gulnara Karimova, Bekhzod Akhmedov, Alisher Ergahsev, Rustam Madumarov, Gayane Avakyan, Sodikjon Sokibjonov, Shokrukh Sabirov, Tozian and Takilant Limited, and all potential claimants, other than the Republic of filed by United States of America. (Signed by Judge Lewis J. Liman on 4/5/2023) (vfr)

Case 1:16-cv-01257-LJL Document 72 Filed 04/05/23 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------UNITED STATES OF AMERICA,
Plaintiff,
- v. -

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ALL FUNDS HELD IN ACCOUNT NUMBER
CH1408760000050335300 AT LOMBARD ODIER
DARIER HENTSCH & CIE BANK, SWITZERLAND,
ON BEHALF OF TAKILANT LIMITED, AND ANY
PROPERTY TRACEABLE THERETO, et al.

Civil Action No. 16-CV-01257

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:
:

Defendants in rem.
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PARTIAL DEFAULT JUDGMENT AND ORDER OF FORFEITURE
WHEREAS, on February 18, 2016, the United States commenced this action for
forfeiture of the Defendants in rem (the “Defendant Property”) by filing a Verified Complaint for
Forfeiture In Rem (the “Verified Complaint”);
WHEREAS, the Defendant Property is identified in the Verified Complaint as:
a. All funds held in account number CH1408760000050335300 at Lombard Odier
Darier Hentsch & Cie Bank, Switzerland, on behalf of Takilant Limited, and any
property traceable thereto;
b. All funds up to an amount totaling $198,919,748.00 held in account number
CH3408760000050982900 at Lombard Odier Darier Hentsch & Cie Bank,
Switzerland, on behalf of Tozian Limited, and any property traceable thereto; and
c. All funds up to an amount totaling $3,500,000.00 held in account number
CH2308657007007159821 at Union Bancaire Privee, Switzerland, on behalf of
Tozian Limited, and any property traceable thereto.
WHEREAS, beginning on February 19, 2016, and for thirty (30) consecutive days
thereafter, pursuant to Rule G(4)(a) of the Supplemental Rules for Admiralty or Maritime Claims
and Asset Forfeiture Actions (the “Supplemental Rules”), notice of the Verified Complaint was

Case 1:16-cv-01257-LJL Document 72 Filed 04/05/23 Page 2 of 4

posted on the official government internet site www.forfeiture.gov and provided that any party
claiming a legal interest in the Defendant Property must file a verified Claim within sixty (60)
days. Proof of such publication was filed with the Clerk of Court on April 20, 2016;
WHEREAS, pursuant to Rule G(4)(b)(i) of the Supplemental Rules, a Notice of
Complaint for Forfeiture, the Verified Complaint, and other pertinent documents were delivered
to last known addresses and/or legal representatives for Gulnara Karimova, Bekhzod Akhmedov,
Alisher Ergashev, Rustam Madumarov, Gayane Avakyan, Sodikjon Sokhibjonov, Shokrukh
Sabirov, the entities Tozian and Takilant Limited, and the Republic of Uzbekistan;
WHEREAS, the foregoing are the only individuals and entities known by the government
to have a potential interest in the Defendant Property;
WHEREAS, Gulnara Karimova, Bekhzod Akhmedov, Alisher Ergashev, Rustam
Madumarov, Gayane Avakyan, Sodikjon Sokhibjonov, Shokrukh Sabirov, and the entities
Tozian and Takilant Limited have failed to file any claims or answers in this action, and the
statutory time periods for them to do so, as set forth in Supplemental Rule G(5)(a)(ii) have
expired;
WHEREAS, the Republic of Uzbekistan, which filed a timely claim on April 27, 2016, is
the only other person or entity known by the government to have a potential interest in the
Defendant Property;
WHEREAS, the United States entered into a stipulated motion with counsel for the
Republic of Uzbekistan (“Uzbekistan”), stipulating that this action shall be stayed until July 31,
2016 as to Uzbekistan, in order to permit the United States and Uzbekistan to discuss a possible
out-of-court resolution;

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Case 1:16-cv-01257-LJL Document 72 Filed 04/05/23 Page 3 of 4

NOW THEREFORE, on the motion of Marie Dalton, Trial Attorney for the United States
Department of Justice, Asset Forfeiture and Money Laundering Section;
IT IS HEREBY ORDERED that:
1.

Plaintiff United States of America shall have judgment by default against Gulnara

Karimova, Bekhzod Akhmedov, Alisher Ergashev, Rustam Madumarov, Gayane Avakyan,
Sodikjon Sokhibjonov, Shokrukh Sabirov, and the entities Tozian and Takilant Limited, and all
potential claimants, other than the Republic of Uzbekistan, who have not otherwise filed a claim
to the Defendant Property.
2.

Consistent with this Order, Gulnara Karimova, Bekhzod Akhmedov, Alisher

Ergashev, Rustam Madumarov, Gayane Avakyan, Sodikjon Sokhibjonov, Shokrukh Sabirov, and
the entities Tozian and Takilant Limited, and all potential claimants, other than the Republic of
Uzbekistan, who have not otherwise filed a claim to the Defendant Property are time-barred from
contesting the forfeiture of the Defendant Property.
3.

Nothing in this order shall be construed to be inconsistent with or otherwise limit

the stipulated motion filed by counsel for the Republic of Uzbekistan and the United States on
April 27, 2016.
4.

This Order is and shall be without prejudice to and shall not affect the rights,

claims, interests, or arguments, including but not limited to jurisdictional arguments, that the
Republic of Uzbekistan may have, and this Order shall not in any respect be deemed a judgment
against the Republic of Uzbekistan.

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Case 1:16-cv-01257-LJL Document 72 Filed 04/05/23 Page 4 of 4

Dated:

New York, New York
April 5, 2023
SO ORDERED.
__________________________________________
JUDGE ANDREW L. CARTER, JR.
DISTRICT COURT JUDGE
UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK

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