United States of America v. Any and all funds up to and including the sum of $12 million contained in Rathbones Investment Management portfolio 702461, containing accounts 55870246110, 5870246120, 5870246121, and 5870246180 et al
| UNITED STATES OF AMERICA |
| Any and all funds up to and including the sum of $12 million contained in Rathbones Investment Management portfolio 702461, containing accounts 55870246110, 5870246120, 5870246121, and 5870246180 and A 7th Century Bronze Statue Depicting the Four-Armed Goddess Durga |
| 1:2023cv05286 |
| June 22, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Forfeit/Penalty: Other |
| 18 U.S.C. ยง 981 Civil Forfeiture |
| None |
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Filing 6
STIPULATION AND ORDER OF SETTLEMENT: NOW, THEREFORE, IT IS HEREBY STIPULATED, AGREED AND ORDERED, by and between the United States, by and through its attorneys, Damian Williams, United States Attorney for the Southern District of New York, and Assistant United States Attorney Jessica Feinstein, and the Claimant, by and through her attorney, Nicoleta Timofti, Esq., that: The Claimant hereby consents to the forfeiture to the United States, for disposition according to law, pursuant to Title 18, United States Code, Sections 981(a)(l)(A) and 98l(a)(l)(C)c, of the Defendants in Rem, without an admission of liability, fault, guilt, or wrongdoing on part of the Claimant and her immediate family members, who expressly deny any fault, liability, or wrongdoing. The United States hereby agrees not to seek restraint or forfeiture of additional assets of the Claimant on the factual basis for forfeiture set forth in the Verified Complaint, including: (1) any and all funds in excess of the $12 Million and any interest on the funds in excess of the $12 Million that accrues from the date of the stipulation and order to the date of entry of a final judgment of forfeiture; and (2) any other funds in any currency contained in any portfolios held in the name of the Claimant at Rathbones (together, the "Remaining Funds"). The entry of the Judgment of Forfeiture shall resolve all of the United States forfeiture actions or proceedings relating to the Defendants in Rem and allegations in the Verified Complaint pertaining to the Defendants in Rem. The Clerk of Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/28/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
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Filing 5
WARRANT FOR ARREST OF PROPERTY AND ORDER FOR NOTICE: IT IS, THEREFORE, ORDERED that: Pursuant to Rule G(3)(B)(iv) of the Supplemental Rules for Certain Admiralty and Maritime Claims, the Attorney General of the United States or his duly authorized representative is hereby directed to request that the proper authorities of the Government of Jersey (a) arrest the said $12 million by serving this Arrest Warrant in Rem on their custodian, (b) make return thereon, and (c) restrain or take the $12 million into custody pending further order of this Court. (Signed by Judge Andrew L. Carter, Jr on 6/28/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 4 LETTER addressed to Judge Andrew L. Carter, Jr. from Jessica Feinstein dated June 23, 2023 re: Request for Arrest Warrant in Rem and Endorsement of Proposed Settlement. Document filed by United States Of America. (Attachments: #1 Exhibit Attachment A - Arrest Warrant in Rem, #2 Exhibit Attachment B -- Stipulation and Proposed Settlement).(Feinstein, Jessica) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jessica K. Feinstein. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc) |
| Filing 3 PROPOSED STIPULATION AND ORDER. Document filed by UNITED STATES OF AMERICA..(Feinstein, Jessica) |
| Filing 2 CIVIL COVER SHEET filed..(Feinstein, Jessica) |
| Filing 1 COMPLAINT FOR FORFEITURE against A 7th Century Bronze Statue Depicting the Four-Armed Goddess Durga, Any and all funds up to and including the sum of $12 million contained in Rathbones Investment Management portfolio 702461, containing accounts 55870246110, 5870246120, 5870246121, and 5870246180.Document filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Feinstein, Jessica) |
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| Plaintiff: UNITED STATES OF AMERICA | |
| Represented By: | Jessica K. Feinstein |
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| Defendant: Any and all funds up to and including the sum of $12 million contained in Rathbones Investment Management portfolio 702461, containing accounts 55870246110, 5870246120, 5870246121, and 5870246180 | |
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| Defendant: A 7th Century Bronze Statue Depicting the Four-Armed Goddess Durga | |
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