United States of America v. All monies, funds and assets contained in Merrill Lynch account XXXX7N02, held in the name of "Aurelia Infrastructure, Inc.," and all funds traceable thereto, including accrued interest
| United States of America |
| All monies, funds and assets contained in Merrill Lynch account XXXX7N02, held in the name of "Aurelia Infrastructure, Inc.," and all funds traceable thereto, including accrued interest and Aurelia Infrastructure, Inc. |
| 1:2021cv03918 |
| May 3, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Forfeit/Penalty: Other |
| 18 U.S.C. § 981 |
| None |
Docket Report
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This docket was last retrieved on May 19, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER RE MOTION FOR ADMISSION PRO HAC VICE granting #9 Motion for Theresa M.B. Van Vliet to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 5/19/2021) (nb)
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| Filing 9 MOTION for Theresa M.B. Van Vliet to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aurelia Infrastructure, Inc...(Van Vliet, Theresa) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Theresa M.B. Van Vliet to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 8
ORDER: In light of the Stipulation and Order of Settlement approved by this Court (Dkt. No. 6), this Court's May 6, 2021 order (Dkt. No. 5) is vacated. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/13/2021) (ks)
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| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Theresa M.B. Van Vliet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24534330. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aurelia Infrastructure, Inc...(Van Vliet, Theresa) Modified on 5/13/2021 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #7 MOTION for Theresa M.B. Van Vliet to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24534330. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
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Filing 6
STIPULATION AND ORDER OF SETTLEMENT: NOW, THEREFORE, IT IS HEREBY STIPULATED, AGREED AND ORDERED, by and between Audrey Strauss, United States Attorney for the Southern District of New York, by and through Assistant United States Attorneys Sheb Swett and Emily S. Deininger, and Aurelia, by and through its attorney, Theresa M. B. Van Vliet, Esq., and the UBOs, that: 1. Aurelia and the UBOs hereby consent to the forfeiture to the United States of $7,000,000.00 in United States currency from the Target Account (the "Settlement Funds"). 2. Upon entry of this Stipulation by the Court, the United States Marshals Service ("USMS") will be authorized to seize the Settlement Funds from the Target Account and to hold the Settlements Funds in its secure custody and control pending entry of a Judgment of Forfeiture. 3. Upon entry of a Judgment of Forfeiture forfeiting the Settlement Funds to the United States, the Target Account shall be released from the restraint imposed pursuant to the January 16, 2020 seizure warrant. 4. Upon entry of a Judgment of Forfeiture forfeiting the Settlement Funds to the United States, the United States shall not bring any civil forfeiture action against or otherwise seek to forfeit any other property owned by Aurelia and/or the UBOs based on any and all transactions described in the Forfeiture Complaint. As further set forth in this Order. 8. Aurelia and the UBOs hereby agree to waive all rights to appeal or otherwise challenge or contest the validity of this Stipulation. 9. Each party shall bear its own costs and attorney's fees. 10. This Stipulation may be executed in counterparts, each of which shall constitute an original as against the party whose signature appears on it. All executed counterparts shall be deemed to be one and the same instrument. This Stipulation shall become binding when one or more counterparts, individually or taken together, bears the signature of all parties. 11. A facsimile or electronic image of the original signature of any party executing this Stipulation shall be deemed an original signature and shall constitute an original as against the party whose signature appears in the facsimile or electronic image. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/10/2021) (ks) Transmission to Finance Unit (Cashiers) for processing.
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Filing 5
Vacated as per Judge's Order dated 5/13/2021, Doc. #8 ORDER: By May 20, 2021, Plaintiff will submit a proposed order to show cause. (Signed by Judge Paul G. Gardephe on 5/6/2021) (rro) Modified on 5/13/2021 (ks).
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| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by United States of America..(Swett, Sebastian) |
| Filing 3 NOTICE OF APPEARANCE by Emily Sarah Deininger on behalf of United States of America..(Deininger, Emily) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 2 CIVIL COVER SHEET filed..(Swett, Sebastian) |
| Filing 1 COMPLAINT FOR FORFEITURE against All monies, funds and assets contained in Merrill Lynch account XXXX7N02, held in the name of "Aurelia Infrastructure, Inc.," and all funds traceable thereto, including accrued interest.Document filed by United States of America..(Swett, Sebastian) |
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| Defendant: All monies, funds and assets contained in Merrill Lynch account XXXX7N02, held in the name of "Aurelia Infrastructure, Inc.," and all funds traceable thereto, including accrued interest | |
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| Defendant: Aurelia Infrastructure, Inc. | |
| Represented By: | Theresa Mb Van Vliet |
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| Plaintiff: United States of America | |
| Represented By: | Sebastian Swett |
| Represented By: | Emily Sarah Deininger |
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