United States of America v. $ 7,206,157,717 on Deposit at JP Morgan Chase Bank, N.A.
| United States of America |
| $ 7,206,157,717 on Deposit at JP Morgan Chase Bank, N.A. |
| Adele Fox |
| 1:2010cv09398 |
| December 17, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P Griesa |
| Forfeit/Penalty: Other |
| 18 U.S.C. § 981 |
| None |
Docket Report
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This docket was last retrieved on June 8, 2012. A more recent docket listing may be available from PACER.
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| Filing 19 MANDATE of USCA (Certified Copy) as to #18 Notice of Appeal filed by Adele Fox USCA Case Number 11-2898-cv. Upon due consideration, it is hereby ORDERED that the motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/08/2012. (nd) |
| Filing 18 NOTICE OF APPEAL from #17 Judgment, #16 Memorandum & Opinion. Document filed by Adele Fox. Filing fee $ 455.00, receipt number 465401011823. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #18 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #6 MOTION to Intervene filed by Adele Fox, #5 Order, #11 Endorsed Letter, #2 Stipulation and Order of Dismissal, #12 MOTION for Hearing re: #6 MOTION to Intervene, #10 Notice (Other) MOTION for Forfeiture of Property Opposition to Adele Fox's Motion to Intervene, etc., and Cross-Motion to Dismiss Adele Fox's Claim to the Defendant in Rem, and for a Final Order of Forfeiture. MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other). filed by United States of America, #14 Memorandum of Law in Opposition to Motion, filed by Adele Fox, #17 Judgment, #7 Affirmation in Support of Motion filed by Adele Fox, #9 Notice of Case Assignment/Reassignment, #8 Memorandum of Law in Support of Motion filed by Adele Fox, #18 Notice of Appeal filed by Adele Fox, #10 Notice (Other) filed by Adele Fox, #4 Order, #15 Reply Memorandum of Law in Support of Motion, filed by United States of America, #16 Memorandum & Opinion, #13 Memorandum of Law in Support of Motion, filed by United States of America, #3 Order, were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #18 Notice of Appeal. (tp) |
| Filing 17 FINAL JUDGMENT OF FORFEITURE in favor of United States of America against $ 7,206,157,717 on Deposit at JP Morgan Chase Bank, N.A. (Signed by Judge Thomas P. Griesa on 5/24/11) (Attachments: #1 notice of right to appeal)(ml) |
Filing 16
OPINION, #100352 that, Foxs motions to intervene and to amend, modify, or rescind the order of settlement are denied. This resolves the motion listed as document 6 on this docket. (Signed by Judge Thomas P. Griesa on 5/23/11) (pl) Modified on 5/24/2011 (ajc).
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| Filing 15 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other). MOTION for Forfeiture of Property Opposition to Adele Fox's Motion to Intervene, etc., and Cross-Motion to Dismiss Adele Fox's Claim to the Defendant in Rem, and for a Final Order of Forfeiture. MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other).. Document filed by United States of America. (Schwartz, Matthew) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #6 MOTION to Intervene., #12 MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other). MOTION for Forfeiture of Property Opposition to Adele Fox's Motion to Intervene, etc., and Cross-Motion to Dismiss Adele Fox's Claim to the Defendant in Rem, and for a Final Order of Forfeiture. MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other).. Document filed by Adele Fox. (Levitt, Richard) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other). MOTION for Forfeiture of Property Opposition to Adele Fox's Motion to Intervene, etc., and Cross-Motion to Dismiss Adele Fox's Claim to the Defendant in Rem, and for a Final Order of Forfeiture. MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other).. Document filed by United States of America. (Attachments: #1 Exhibit A (Declaration of Publication), #2 Exhibit B (Proposed Final Order of Forfeiture))(Schwartz, Matthew) |
| Filing 12 MOTION for Hearing re: #6 MOTION to Intervene., #10 Notice (Other)., MOTION for Forfeiture of Property Opposition to Adele Fox's Motion to Intervene, etc., and Cross-Motion to Dismiss Adele Fox's Claim to the Defendant in Rem, and for a Final Order of Forfeiture. Document filed by United States of America.(Schwartz, Matthew) |
| Filing 11 ENDORSED LETTER addressed to Judge Thomas P. Griesa from Matthew L. Schwartz, dated 2/17/2011, re: Counsel for the Government writes to request that the Court approve the proposed briefing schedule: Government to oppose/move to dismiss on or before March 18, 2011. Ms. Fox (and any others) to respond on or before April 8, 2011. Government to reply on or before April 15, 2011. ENDORSEMENT: Approved. (Signed by Judge Thomas P. Griesa on 2/18/2011) (lnl) Modified on 3/4/2011 (lnl). |
| Set Deadlines/Hearings: Motions due by 3/18/2011. Replies due by 4/15/2011. Responses due by 4/8/2011 (lnl) |
| Filing 10 NOTICE of Claim. Document filed by Adele Fox. (Levitt, Richard) |
| Filing 9 NOTICE OF CASE ASSIGNMENT to Judge Thomas P. Griesa. Judge Unassigned is no longer assigned to the case. (sjo) |
| Magistrate Judge Ronald L. Ellis is so designated. (sjo) |
| CASE ACCEPTED AS SIMILAR. Create association to 1:10-cv-09116-TPG. Notice of Assignment to follow. (sjo) |
| Filing 8 MEMORANDUM OF LAW in Support re: #6 MOTION to Intervene.. Document filed by Adele Fox. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Levitt, Richard) |
| Filing 7 AFFIRMATION of Richard Levitt in Support re: #6 MOTION to Intervene.. Document filed by Adele Fox. (Levitt, Richard) |
| Filing 6 MOTION to Intervene. Document filed by Adele Fox.(Levitt, Richard) |
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Filing 5
ORDER FOR SUBSTITUTE CUSTODIAN JPMorgan Chase Bank, National Association, and any successor pursuant to the terms of the Escrow Agreement is designated substitute custodian for the Defendant in rem, and as further set forth in this document. The Escrow Agent shall maintain a statement of account to be produced upon request to the US Attorney's Office for the Southern District of NY. (Signed by Judge Thomas P. Griesa on 12/17/10) (cd)
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Filing 4
ORDER DIRECTING ISSUANCE OF WARRANT FOR ARREST OF PROPERTY AND FOR NOTICE: 1.The Clerk of this Court is hereby directed to forthwith issue a Warrant for the Arrest of the Defendant Funds directing the United States Marshal or any other federal law enforcement officer for this District to arrest the Defendant Funds, to make return thereon, and to take the Defendant Funds into custody subject to further order ofthis Court, including, for the avoidance of doubt, (i) the Stipulation and Order of Settlement so-ordered by this Court on December 17, 2010, and (ii) the Order for Substitute Custodian so-ordered by this Court on December 17, 2010. 2. The United States of America shall issue public notice ofthis action, which notice shall be published for at least thirty (30) consecutive days on the official government internet web site www.forfeiture.gov, pursuant to Rule G(4)(a) of the Supplemental Rules. The notice shall describe the property with reasonable particularity, specify the time within which a claim and answer must be filed as required by Rule G(5) ofthe Supplemental Rules, and name the Government attorney to be served with the claim and answer. Any person claiming an interest in the Defendant Funds must file a claim no later than sixty (60) days after the first day of publication of the Notice on the official government web site, or no later than thirty-five (35) days from the mailing of actual notice, whichever is earlier, pursuant to Rule G(5) of the Supplemental Rules. (Signed by Judge Thomas P. Griesa on 12/17/10) (db)
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Filing 3
ORDER ACCEPTING CASE AS RELATED: A Verified Complaint for Forfeiture having been filed on December 17, 2010, and the Court having reviewed the Complaint, the Court hereby accepts the above-captioned case as related to United States of America v. $625,000,000 On Deposit At JP Morgan Chase Bank., N.A., No. 10 Civ. 9116 (TPG)(RLE), pursuant to Rule 15 of the Rules for the Division ofBusiness Among District Judges, and finds that the interests ofjustice and efficiency will be served by coordination of pretrial proceedings because, among other things, (i) a substantial saving of judicial resources would result; (ii) the just efficient and economical conduct of the litigations would be advanced; (iii) the convenience of the parties or witnesses would be served. (Signed by Judge Thomas P. Griesa on 12/17/10) (db)
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Filing 2
STIPULATION AND ORDER OF SETTLEMENT: 1. The recitals above form an integral part of this Stipulation and are fully incorporated herein. 2. The Estate Representative agrees to forfeit the Defendant in rem to the Government, on the terms set forth herein, in full satisfaction ofthe Government's claims for forfeiture as alleged in the Complaint. The Clerk of this Court is hereby directed to forthwith issue a Warrant for the Arrest of the Defendant in rem (the "Warrant"). In the event that, for whatever reason, the Government is unable to execute the Warrant on the full Forfeiture Amount, this Stipulation shall be null and void just as if the Court had not approved it, pursuant to paragraph 17, below. 3. Simultaneously with her execution of this Stipulation, the Estate Representative shall cause the Forfeiture Amount to be wired into one or more escrow accounts (the "Escrow Accounts") that shall be established at JP Morgan Chase Bank, N.A. (the "Escrow Agent"), pursuant to that certain escrow agreement by and among the Estate Representative, the Government, the SIPA Trustee, the Escrow Agent, and, as set forth therein, the Securities Investor Protection Corporation ("SIPC") (the "Escrow Agreement," a copy of which is attached hereto as Exhibit B). Any and all costs associated with the Escrow Accounts, including but not limited to any and all costs for its establishment and operation (the "Escrow Costs"), are to bepaid by SIPC and are, in no event, to be paid by the Government or the Estate Representative, or to be paid from the Forfeiture Amount or any other funds or property in the Escrow Accounts. Once the Estate Representative has caused the full Forfeiture Amount to be deposited into the Escrow Accounts, the Estate Representative shall have no further obligation under this Stipulation to provide any funds or property for forfeiture. 4. The Government agrees to credit the Bankruptcy Settlement Amount against the Forfeiture Amount. The Forfeiture Amount less the Bankruptcy Settlement Amount is referred to in this Stipulation as the "Settlement Funds." 5. Within three business days of the date that the Court approves this Stipulation, the Government and the Estate Representative shall each execute a Notice For Release of Settlement Funds, in the form annexed to the Escrow Agreement as Exhibit A. The Government shall then cause the fully-executed Notice For Release of Settlement Funds to be delivered to the Escrow Agent pursuant to the terms of the Escrow Agreement, whereupon the Escrow Agent shall confirm the instructions and release the Settlement Funds, plus any interest or appreciation that has been accrued or paid and is attributable to such property, by wire in same day funds to the following account maintained by the United States Marshals Service, or to such other accounts that may be designated by the Government pursuant to the terms ofthe Escrow Agreement ("the USMS Account"):ABA #021030004. ALC #00008154. U.S. Marshals Service. c/o Federal Reserve Bank of New York. 33 Liberty Street. New York, New York 10045. Reference: To Be Supplied by the Government. 6. The Escrow Agent shall release funds in the Bankruptcy Settlement Amount, not to exceed $5,000,000,000, to or at the direction of the SIPA Trustee, upon satisfaction of all conditions precedent to the Bankruptcy Settlement and pursuant to the terms of the Bankruptcy Settlement and the Escrow Agreement..............18. For purposes of this Stipulation, an order shall be considered "final and non-appealable" when (a) the time to appeal the order has expired, or (b) if any appeal has been taken, any and all such appeals have been fully and finally resolved without material modification of the order. 19. After (a) the time for filing claims to the Defendant in rem has expired, or (b) if any claims have been filed, any and all such claims have been resolved, the Government shall seek entry of a final order of forfeiture in respect ofany property forfeited in this action. 20.This Agreement shall be binding upon and inure to the benefit of each of the Parties and their successors and permitted assigns. 21. This Stipulation may not be changed, modified, or amended except in a writing signed by the Parties and/or their counsel and approved by the Court. 22. This Stipulation may be executed in any number of counterparts and shall constitute one agreement, binding upon all Parties hereto as if all Parties signed the same document. Further, all facsimile and digital images of signatures shall be treated as originals for all purposes. 23. The Court shall retain exclusive jurisdiction with respect to any and all issues or disputes that may arise in connection with this Stipulation and its enforcement. (Signed by Judge Thomas P. Griesa on 12/17/10) (db)
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| Filing 1 COMPLAINT against $ 7,206,157,717 on Deposit at JP Morgan Chase Bank, N.A.. Document filed by United States of America.(mbe) |
| SUMMONS ISSUED as to $ 7,206,157,717 on Deposit at JP Morgan Chase Bank, N.A.. (mbe) |
| CASE REFERRED TO Judge Thomas P. Griesa as possibly related to 1:10-cv-9116. (mbe) |
| Case Designated ECF. (mbe) |
| CASE ACCEPTED AS RELATED. Create association to 1:10-cv-09116-TPG. Notice of Assignment to follow. (db) |
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