Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, ) ) v. ) Case No. 17-cr-201-1-ABJ ) PAUL J. MANAFORT, JR., ) ) Defendant. ) ____________________________________) ) IN RE: PETITIONS FOR RELIEF ) CONCERNING CONSENT ORDER OF ) Case No. 1:18-mc-00167-ABJ FORFEITURE ) ____________________________________) CONSENT MOTION FOR ENTRY OF FINAL ORDER OF FORFEITURE AS TO 721 FIFTH AVENUE, UNIT 43G, NEW YORK, NY 10022 The United States of America, by and through its undersigned counsel, respectfully submits this motion pursuant to Fed. R. Crim. P. 32.2(c)(2) for entry of a Final Order of Forfeiture Motion with respect to the real property, 721 Fifth Avenue, #43G, New York, New York, 10022, that is subject to a preliminary order of forfeiture in this action. March 13, 2019, Order of Forfeiture, Cr. Dkt. Nos. 549, 556-1. 1 As set forth below, the time period for the submission of third party petitions to contest forfeiture pursuant to 21 U.S.C. § 853(n) has closed, and all such petitions have been resolved by settlements endorsed by the Court. A proposed Final Order of Forfeiture Final Order of Forfeiture as to 721 Fifth Avenue, #43G, New York, New York, 10022 is submitted with this motion. The proposed order sets out in more detail the facts and procedural history summarized below. 1 Docket entries from United States v. Paul J. Manafort, Jr., Case No. 17-cr-201-1 (D.D.C.) are referred to as “Cr. Dkt. No.”. Docket entries from the miscellaneous case number for the ancillary proceedings In Re: Petitions for Relief Concerning Consent Order of Forfeiture, Case No: 1:18-mc-167 (D.D.C.) are referred to as “Mc. Dkt. No.”. 1 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 2 of 9 I. The Property Subject to the Proposed Final Order of Forfeiture This motion seeks entry of a Final Order of Forfeiture regarding the following (the “Fifth Avenue Property”): The real property and premises commonly known as 721 Fifth Avenue, #43G, New York, New York, 10022. This property is listed in the preliminary order of forfeiture at paragraph 2(i). March 13, 2019, Order of Forfeiture, Cr. Dkt. No. 549, Cr. Dkt. No. 556-1. The Fifth Avenue Property is more specifically described in its Deed as: The residential Unit (The "Unit") known as Unit No. 43-G, in the premises known as Trump Tower Condominium and by the street numbers 721-725 Fifth Avenue, Borough of Manhattan, City, County and State of New York, being designated and described as Unit No. 43-G in the Declaration Establishing a plan for condominium ownership of said premises under Article 9-B of the Real Property Law of the State of New York (The New York Condominium Act") dated 2/24/1983 and recorded in the New York County Office of the Register of the City of New York (The "City Register's Office") on 3/23/1983 in Reel 674, Page 848 (Hereinafter, referred to as the "Declaration") and also designated as Tax Lot 1112 in Block 1292 of Section 5 of the Borough of Manhattan on the Tax Map of the Real Property Assessment Department of the City of New York and on the Floor Plans of building, certified by Swanke Hayden Connell and Partners, Architects, on 2/2/1983 and filed with the Real Property Assessment Department of the City of New York on 3/18/1983 as Condominium Plan No. 86 and Also filed in the City Register's Office on 3/23/1983 as Condominium Plan No. 86. Together with an undivided .2644227 percent interest in the common elements (as such term is defined in the declaration). The premises in which the unit is located is more particularly described herein as Parcel A. PARCEL A: All that certain lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, Bounded and described as follows: Beginning at the corner formed by the intersection of the Northerly side of East 56th Street with the Easterly side of Fifth Avenue; Running thence Easterly along the said Northerly side of East 56th Street, 175 feet; Thence Northerly parallel with said Easterly side of Fifth Avenue and part of the distance through A Party Wall, 100 feet 5 inches to the Center Line of the Block; Thence Westerly along said Center Line of the Block, 50 Feet; Thence Northerly parallel with the Easterly side of Fifth Avenue, 15 Feet; Thence Westerly parallel with the Northerly side of East 56 Street 125 feet to the Easterly side of Fifth 2 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 3 of 9 Avenue, and Thence Southerly along the Easterly side of Fifth Avenue, 115 feet 5 inches to the point or place of Beginning. PARCEL B: (AFFECTS COMMON ELEMENTS) All that certain lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: Beginning at a point on the Southerly side of East 57th Street, distant 125 Feet Easterly from the intersection of the Easterly side of Fifth Avenue and the Southerly side of 57th Street; Thence Southerly and parallel with the Easterly side of Fifth Avenue, 100 feet 5 inches; Thence Easterly and parallel with the Southerly side of 57th Street, 50 Feet; Thence Northerly and again parallel with the Easterly side of Fifth Avenue, 100 feet 5 inches to the Southerly side of 57th Street; Thence Westerly along the Southerly side of 57th Street 50 feet to the point or place of Beginning. 2 APN: Block 1292, Lot 1112 II. Background On September 14, 2018, the defendant, Paul J. Manafort, Jr., pleaded guilty to a two- count Superseding Criminal Information ("Information") charging in Count One, inter alia, a conspiracy to violate the Foreign Agents Registration Act ("FARA"), in violation of Title 18, United States Code, Section 371 and 3551 et seq. and Title 22, United States Code, Sections 612, 618(a)(l), and 618(a)(2). Cr. Dkt. Nos. 419, 422, 423. The Information gave notice that upon conviction under Count One, the United States would seek entry of a money judgment of forfeiture, as well as forfeiture of certain specific properties, including, inter alia, “All funds held in account number XXXX7988 at Charles A. Schwab & Co. Inc., and any property traceable thereto…” (the “Schwab Account”), pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(b), 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c). Cr. Dkt. No. 419 at ¶69. In his Plea Agreement, the defendant admitted to the forfeiture allegations in the Information, and, in his Statement of the Offenses and Other Acts, he admitted that he obtained at least $11,000,000 as a result of his conspiracy to violate the FARA in violation of 18 U.S.C. § 2 This legal description, which is also included in the proposed Final Order of Forfeiture, cures two minor scrivener’s punctuation errors in the legal description of the property attached to the Notice of Forfeiture. 3 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 4 of 9 371, 22 U.S.C. §§ 612 and 618. Cr. Dkt. No. 422 at 10, 423 at 2-3. He also consented, inter alia, to the forfeiture of the Fifth Avenue Property in lieu of the Schwab Account, the Schwab Account having been identified in the Information as subject to forfeiture as proceeds traceable to the conspiracy to violate FARA offense alleged in Count One, or property traceable thereto, pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c). Cr. Dkt. No. 422 at ¶12(a)(9), Cr. Dkt. No. 423 at ¶ 43(i). The defendant also consented to the forfeiture of the Fifth Avenue Property as a substitute asset pursuant to 18 U.S.C. § 982(b), 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c). Cr. Dkt. No. 422 at ¶12(b), Cr. Dkt. No. 423 at ¶43(i). On October 10, 2018, with the defendant’s consent, the Court entered a Consent Order of Forfeiture signed by the Court on October 9, 2018, constituting a preliminary order of forfeiture (“Consent Order of Forfeiture”). Cr. Dkt. No. 443. In the Consent Order of Forfeiture, this Court found: “based on the evidence and information before it, including the defendant’s plea agreement, that [inter alia, the Fifth Avenue Property] is subject to forfeiture” and so ordered its forfeiture. CR Dkt. No. 443 at 3-4. At sentencing on March 13, 2019, the Court amended the preliminary order of forfeiture and incorporated the revised order into the criminal judgment. See March 13, 2019, Order of Forfeiture. Cr. Dkt. Nos. 549, 556-1. The Information, Plea Agreement and Statement, along with the record in this case, establish the requisite nexus between the Schwab Account and the defendant’s offense, and that the defendant has an interest in the Fifth Avenue Property. The March 13, 2019, Order of Forfeiture entered forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(C) and 982(b), 21 U.S.C. § 853(p), and 28 U.S.C. § 2461(c), and included forfeiture of the Fifth Avenue Property, other specific Forfeited Assets, and a Personal Money Judgment of Forfeiture in the amount of $11 million to be offset by the forfeiture of the specific Forfeited Assets. Id. at ¶¶1-4. 4 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 5 of 9 III. Entry of a Final Order of Forfeiture is Appropriate The United States seeks entry of a final order of forfeiture with respect to the Fifth Avenue Property pursuant to Federal Rule of Criminal Procedure 32.2 and 21 U.S.C. § 853, as incorporated by 18 U.S.C. § 982(b). Rule 32.2(b)(4)(A) provides: At sentencing – or at any time before sentencing of the defendant consents – the preliminary forfeiture order becomes final as to the defendant. If the order directs the defendant to forfeit specific property, it remains preliminary as to third parties until the ancillary proceeding is concluded under Rule 32.2(c). Fed. R. Crim. P. 32.2(b)(4)(A). Under Title 21 U.S.C. § 853(n)(7), the United States shall have clear title to any forfeited property following the Court’s disposition of all petitions and the expiration of the time period provided for the filing of petitions. Because the Court’s March 13, 2019, Order of Forfeiture is final as to the defendant, notice of the forfeiture was provided in accordance with the Federal Rules, and the interests of all third parties asserting an interest in the property have been resolved by settlement, entry of the requested final order is appropriate. By its terms, the March 13, 2019 Order of Forfeiture became final as to the defendant upon its entry, and was made part of his sentence and included in the judgment pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure. Cr. Dkt. Nos. 549, 556-1 at ¶10. Accordingly, the defendant retains no interest in the Fifth Avenue Property. However, an order of forfeiture as to a defendant for specific property does not address the interests that a third party may have in that property. Fed. R. Crim. P. 32.2(b)(2)(A) (“The Court must enter the [forfeiture] order without regard to any third party’s interest in the property.”). It remains a preliminary order as to third parties until the ancillary proceeding is completed. Fed. R. Crim. P. 32.2(b)(4)(A). 5 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 6 of 9 The purpose of the ancillary proceeding is to “resolve” any third party claims to specific property subject to a forfeiture order. United States v. Cox, 575 F.3d 352, 358 (4th Cir. 2009); see also Fed. R. Crim. P. 32.2(b)(2)(A) (Determination of third party interest is “deferred until any third party files claim in an ancillary proceeding.”). The Government commences the ancillary proceeding by publishing notice of the forfeiture order and “send[ing] notice to any person who reasonably appears to be a potential claimant with standing to contest the forfeiture.” Fed. R. Crim. P. 32.2(b)(6)(A); see also 21 U.S.C. § 853(n)(1) (Government must publish notice of the order and “may also, to the extent practicable, provide direct written notice to any person known to have alleged an interest in the property.”). A third party must file a claim “within thirty days of the final publication of notice or his receipt of [direct] notice . . . whichever is earlier.” 21 U.S.C. § 853(n)(2). As set forth in the United States’ Declaration of Notice and Publication, Cr. Dkt. No. 545, the United States provided notice in accordance with 21 U.S.C. § 853(n)(1), Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure, and Rule G(4) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. This notice included notice by publication, as well as direct written notice to persons who reasonably appeared to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding or who were known to have alleged an interest in the forfeited property, including, but not limited to: Kathleen Manafort, UBS Bank USA (“UBS Bank”), and the condominium association, Trump Tower Condominium. Cr. Dkt. No. 545. Following notice of the Consent Order of Forfeiture, only two interested parties asserted an interest in the Fifth Avenue Property: UBS Bank and the Residential Board of Trump Tower Condominium. See Mc. Dkt. Nos. 4, 13. 6 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 7 of 9 On February 21, 2019, the Court endorsed a Stipulation and Order of Settlement between the United States and UBS Bank resolving its petition concerning the Fifth Avenue Property (the “UBS Bank Stipulation and Order”). Mc. Dkt. No. 43 (docketed on February 22, 2019). On March 1, 2019, the Court endorsed a Stipulation and Order of Settlement between the United States and the Residential Board of Trump Tower, acting on its own behalf and on behalf of Trump Tower Condominium, resolving its petition concerning the Fifth Avenue Property (the “Trump Tower Condominium Stipulation and Order”). Mc. Dkt. No. 47 (docketed on March 4, 2019). Under the UBS Bank Stipulation and Order and the Trump Tower Condominium Stipulation and Order, the petitions of these parties were dismissed upon the Court’s endorsement of the settlements. Mc. Dkt. Nos. 43 ¶2, 47 at ¶2. However, the UBS Bank Stipulation and Order and the Trump Tower Condominium Stipulation and Order are expressly incorporated into and attached to the proposed Final Order of Forfeiture. See proposed Final Order of Forfeiture at ¶¶ 1, 3, 4. No other petitions were filed or made in this action as to the Fifth Avenue Property, no other parties have appeared to contest its forfeiture, and the statutory time periods in which to do so for all known potential claimants have expired. Pursuant to Title 21 U.S.C. § 853(n)(7), because all petitions have been resolved, the United States is therefore entitled to have clear title to the Fifth Avenue Property and to warrant good title to any subsequent purchaser or transferee. IV. Conclusion Pursuant to Rule 32.2(c)(2) of the Federal Rules of Criminal Procedure, “[w]hen the ancillary proceeding ends, the court must enter a final order of forfeiture by amending the preliminary order as necessary to account for any third-party rights.” The government may also 7 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 8 of 9 “request an order from the court declaring that the government has met all of the statutory notice requirements, that no meritorious third-party claims were filed, and that the government has clear title to the forfeited property.” United States v. Gilbert, 244 F.3d 888, 913 (11th Cir. 2001). Counsel for the United States has conferred with counsel for UBS Bank and the Residential Board of Trump Tower, which do not oppose this motion. Wherefore, the United States respectfully requests that the Court enter the proposed Final Order of Forfeiture as to the Fifth Avenue Property, as attached. Respectfully submitted, JESSIE K. LIU United States Attorney By: _______________________ Zia M. Faruqui, D.C. Bar 494990 Assistant United States Attorney 555 4th Street, N.W. Washington, D.C. 20530 (202) 252-7117 (Faruqui) zia.faruqui@usdoj.gov By: /s/ Daniel H. Claman Daniel H. Claman Money Laundering and Asset Recovery Section Criminal Division U.S. Department of Justice 1400 New York Avenue, N.W., Suite 10100 Washington, D.C. 20530 Telephone: (202) 514-1263 Counsel for the United States of America 8 Case 1:17-cr-00201-ABJ Document 592 Filed 05/24/19 Page 9 of 9 CERTIFICATE OF SERVICE I hereby certify that on May 24, 2019, I have provided notice of the forgoing through the Court’s Electronic Filing System to such counsel of record or pro se litigants as have consented to accept service through such means and by filing a notice of this filing in the related miscellaneous case number, In Re Petitions Re Consent Order of Forfeiture, Case No: 1:18-mc167 (D.D.C.). I have also transmitted a copy of this filing via electronic mail to the following, who do not appear to have registered for notice through the Court’s Electronic Filing System or who have not filed an appearance in this matter: William Clayton Batchelor, Esq. 1601 18th Street, NW Suite 2 Washington, D.C. 20009 wcb@wrightandbatchelor.com Robert T. Holland, Esq. BELKIN BURDEN WENIG & GOLDMAN LLP 270 Madison Avenue New York, New York 10106 RHolland@BBWG.COM (Attorneys for Claimant the Residential Board of Trump Tower Condominium) Gayle Pollack, Esq. MORRISON COHEN LLP 909 Third Avenue New York, New York 10022 gpollack@morrisoncohen.com (Attorney for 29 Howard Street Condominium) /s/ Daniel H. Claman Daniel H. Claman Money Laundering and Asset Recovery Section 9 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 1 of 56 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA, ) ) v. ) Case No. 17-cr-201-1-ABJ ) PAUL J. MANAFORT, JR., ) ) Defendant. ) ____________________________________) ) IN RE: PETITIONS FOR RELIEF ) CONCERNING CONSENT ORDER OF ) Case No. 1:18-mc-00167-ABJ FORFEITURE ) ____________________________________) FINAL ORDER OF FORFEITURE AS TO 721 FIFTH AVENUE, UNIT 43G, NEW YORK, NY 10022 WHEREAS, the United States filed a Motion for a Final Order of Forfeiture, and the Court has reviewed the underlying record and makes the following findings: a. On September 14, 2018, a written Plea Agreement was filed with this Court and signed by the defendant, Paul J. Manafort, Jr., and his counsel, in which the defendant agreed to plead guilty to a Superseding Criminal Information ("Information") charging, inter alia, a conspiracy to violate the Foreign Agents Registration Act ("FARA"), in violation of Title 18, United States Code, Sections 371 and 3551 et seq. and Title 22, United States Code, Sections 612, 618(a)(l), and 618(a)(2), and the defendant has pled guilty to that offense ("Count One"). Cr. Dkt. Nos. 419, 422, 423. 1 b. The Information gave notice that upon conviction of Count One, the United States would seek the forfeiture of any property real or personal, which constitutes or is derived from 1 Docket entries from United States v. Paul J. Manafort, Jr., Case No. 17-cr-201-1 (D.D.C.) are referred to as “Cr. Dkt. No.”. Docket entries from the miscellaneous case number for the ancillary proceedings In Re: Petitions for Relief Concerning Consent Order of Forfeiture, Case No: 1:18-mc-167 (D.D.C.) are referred to as “Mc. Dkt. No.”. 1 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 2 of 56 proceeds traceable to the offense alleged in Count One, including, inter alia, a conspiracy to violate FARA, which property is subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(l)(C) and Title 28, United States Code, Section 2461(c). Cr. Dkt. No. 419. The Information further alleged that nine specific properties were subject to forfeiture, including, inter alia, “All funds held in account number XXXX7988 at Charles A. Schwab & Co. Inc., and any property traceable thereto…” (the “Schwab Account”). Id. at ¶ 69. c. The Information further alleged that the United States would seek a personal money judgment of forfeiture against the defendant representing the value of any property, real or personal, which constitutes or is derived from proceeds traceable to the offenses alleged in Count One, including, inter alia, a conspiracy to violate FARA, which property is subject to forfeiture pursuant to Title 18, United States Code, Section 981(a)(l)(C) and Title 28, United States Code, Section 2461(c), and that such a money judgment of forfeiture was "to be offset by the forfeiture of any specific property." Cr. Dkt. No. 419. d. The Information alleged that, if any of the property subject to forfeiture, as a result of any act or omission of the defendant, inter alia, has been transferred or sold to, or deposited with a third party, or has been commingled with other property that cannot be subdivided without difficulty, the United States would seek forfeiture of any other property of said defendant in substitution for such property ("Substitute Property") pursuant to 18 U.S.C. § 982(b) and 28 U.S.C. § 2461(c), incorporating 21 U.S.C. § 853(p). Cr. Dkt. No. 419. e. In his Plea Agreement, the defendant admitted to the forfeiture allegations in the Information, and, in his Statement of the Offenses and Other Acts ("Statement"), he admitted that he obtained at least $11,000,000 as a result of his conspiracy to violate the FARA in violation of 18 U.S.C. § 371, 22 U.S.C. §§ 612 and 618. Cr. Dkt. No. 422 at 10, 423 at 2-3. 2 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 3 of 56 f. In his Plea Agreement, the defendant consented, inter alia, to the forfeiture of the following property in lieu of the Schwab Account that was identified in the Information as subject to forfeiture as proceeds traceable to the conspiracy to violate FARA offense alleged in Count One, or property traceable thereto, pursuant to 18 U.S.C. § 981(a)(l)(C) and 28 U.S.C. § 2461(c) (the “Fifth Avenue Property”): The real property and premises commonly known as 721 Fifth Avenue, #43G, New York, New York, 10022. Cr. Dkt. No. 422 at ¶ 12. g. The Fifth Avenue Property is more specifically described as follows: The residential Unit (The "Unit") known as Unit No. 43-G, in the premises known as Trump Tower Condominium and by the street numbers 721-725 Fifth Avenue, Borough of Manhattan, City, County and State of New York, being designated and described as Unit No. 43-G in the Declaration Establishing a plan for condominium ownership of said premises under Article 9-B of the Real Property Law of the State of New York (The New York Condominium Act") dated 2/24/1983 and recorded in the New York County Office of the Register of the City of New York (The "City Register's Office") on 3/23/1983 in Reel 674, Page 848 (Hereinafter, referred to as the "Declaration") and also designated as Tax Lot 1112 in Block 1292 of Section 5 of the Borough of Manhattan on the Tax Map of the Real Property Assessment Department of the City of New York and on the Floor Plans of building, certified by Swanke Hayden Connell and Partners, Architects, on 2/2/1983 and filed with the Real Property Assessment Department of the City of New York on 3/18/1983 as Condominium Plan No. 86 and Also filed in the City Register's Office on 3/23/1983 as Condominium Plan No. 86. Together with an undivided .2644227 percent interest in the common elements (as such term is defined in the declaration). The premises in which the unit is located is more particularly described herein as Parcel A. PARCEL A: All that certain lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, Bounded and described as follows: Beginning at the corner formed by the intersection of the Northerly side of East 56th Street with the Easterly side of Fifth Avenue; Running thence Easterly along the said Northerly side of East 56th Street, 175 feet; Thence Northerly parallel with said Easterly side of Fifth Avenue and part of the distance through A Party Wall, 100 feet 5 inches to the Center Line of the Block; Thence Westerly along said Center Line of the Block, 50 Feet; Thence Northerly parallel with the Easterly side of Fifth Avenue, 15 Feet; Thence Westerly parallel with the Northerly side of East 56 Street 125 feet to the Easterly side of Fifth Avenue, and Thence Southerly along the Easterly side of Fifth Avenue, 115 feet 5 inches to the point or place of Beginning. PARCEL B: (AFFECTS COMMON ELEMENTS) All that certain lot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, City, County and State of New York, bounded and described as follows: Beginning at a point on 3 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 4 of 56 the Southerly side of East 57th Street, distant 125 Feet Easterly from the intersection of the Easterly side of Fifth Avenue and the Southerly side of 57th Street; Thence Southerly and parallel with the Easterly side of Fifth Avenue, 100 feet 5 inches; Thence Easterly and parallel with the Southerly side of 57th Street, 50 Feet; Thence Northerly and again parallel with the Easterly side of Fifth Avenue, 100 feet 5 inches to the Southerly side of 57th Street; Thence Westerly along the Southerly side of 57th Street 50 feet to the point or place of Beginning. APN: Block 1292, Lot 1112 h. The defendant further agreed that the Fifth Avenue Property could additionally be forfeited as Substitute Property pursuant to 18 U.S.C. § 982(b), 21 U.S.C. § 853(p) and 28 U.S.C. § 2461(c). Cr. Dkt. No. 422 at 11. i. On October 10, 2018, with the defendant’s consent, the Court entered a Consent Order of Forfeiture signed by the Court on October 9, 2018, constituting a preliminary order of forfeiture (“Consent Order of Forfeiture”). Cr. Dkt. No. 443. In the Consent Order of Forfeiture, this Court found, based on the evidence and information before it, including the defendant’s Plea Agreement, that the Fifth Avenue Property was subject to forfeiture, and the Court so ordered its forfeiture. Id. j. The United States established the requisite nexus between the Schwab Account and the defendant’s offense, and that the defendant has an interest in the Fifth Avenue Property, which was forfeited in lieu of the Schwab Account. k. On March 13, 2019, the defendant was sentenced and the Court entered an amended Order of Forfeiture pursuant to Rule 32.2(b)(1) and (b)(2) of the Federal Rules of Criminal Procedure (“March 13, 2019 Order of Forfeiture”). In the March 13, 2019 Order of Forfeiture, the Court again found that the Fifth Avenue Property was subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(b), 21 U.S.C. § 853(p) and 28 U.S.C. § 2461(c) and so ordered its forfeiture. The Court also found that the defendant obtained at least $11,000,000 in proceeds from the conspiracy to violate FARA alleged in Count One, for which he was 4 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 5 of 56 convicted, and, accordingly, entered a Personal Money Judgment against the defendant in the amount of $11,000,000 pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). Cr. Dkt. No. 549. l. The March 13, 2019 Order of Forfeiture decreed that the net proceeds realized by the United States upon the disposition of forfeited properties, including the Fifth Avenue Property, be credited to the Personal Money Judgment of Forfeiture. Cr. Dkt. No. 549. m. The March 13, 2019 Order of Forfeiture was final as to the defendant upon its entry, and was made part of his sentence and included in the judgment pursuant to Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure. Cr. Dkt. Nos. 549, 556, 556-1. n. The Fifth Avenue Property was titled to Paul Manafort and Kathleen Manafort. o. In his Plea Agreement, the defendant, in addition to agreeing to the forfeiture, represented that “he is either the sole and rightful owner and that no other person or entity has any claim or interest, or that he has secured the consent from any other individuals or entities having an interest in the [Fifth Avenue Property] to convey their interests in the [Fifth Avenue Property] to him prior to the entry of the Order of Forfeiture (with the exception of previously disclosed mortgage holders.).” Cr. Dkt. No. 422 at 12. p. In accordance with 21 U.S.C. § 853(n)(1), Rule 32.2(b)(6)(C) of the Federal Rules of Criminal Procedure, and Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (“the Supplemental Rules”), a Notice of Forfeiture with respect to the properties named in the Consent Order of Forfeiture, including the Fifth Avenue Property, was posted on an official government internet site (www.forfeiture.gov) for at least 30 consecutive days, beginning on October 13, 2018 and ending on November 11, 5 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 6 of 56 2018. Proof of publication was filed with the Court on March 11, 2019 as an attachment to the United States’ Declaration of Notice and Publication. Cr. Dkt. No. 545. q. The published notice explained that any person asserting a legal interest in the properties named in the Consent Order of Forfeiture, including the Fifth Avenue Property, was required to file a petition with the Court within sixty (60) days from the first day of publication of the notice on the government internet site, and that if no such petitions were filed within the filing period, the United States would have clear title to the properties. Cr. Dkt. No. 545. r. In accordance with 21 U.S.C. § 853(n)(1), Rule 32.2(b)(6)(D) of the Federal Rules of Criminal Procedure, and Supplemental Rules G(4)(b)(iii)-(v), the United States also sent direct written notice to any persons who reasonably appeared to be a potential claimant with standing to contest the forfeiture in the ancillary proceeding or who were known to have alleged an interest in the forfeited property, by means reasonably calculated to reach them, as described in the United States’ Declaration of Notice and Publication, including, but not limited to: Kathleen Manafort, UBS Bank USA (“UBS Bank”), and the condominium association, Trump Tower Condominium. Cr. Dkt. No. 545. s. The United States has complied with Rule 32.2(b)(6) of the Federal Rules of Criminal Procedure concerning direct written notice and notice by publication, as described in the United States Declaration of Notice and Publication. Cr. Dkt. Nos. 549, 556-1. The content of the notice was compliant with Rule 32.2(b)(6) and no further notice is required. Id. at ¶4. t. Following notice of the Consent Order of Forfeiture, two interested parties asserted an interest in the Fifth Avenue Property: UBS Bank and the Residential Board of Trump Tower Condominium. See Mc. Dkt. Nos. 4, 13. Kathleen Manafort did not file a petition. 6 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 7 of 56 u. No other petitions were filed or made in this action or under the miscellaneous case number assigned to the ancillary proceedings in this case, In Re: Petitions for Relief Concerning Consent Order of Forfeiture, Case No: 1:18-mc-167, with respect to the Fifth Avenue Property. No other parties have appeared to contest the forfeiture of the Fifth Avenue Property to date and the statutory time periods in which to do so have expired. v. On February 21, 2019, the Court endorsed a Stipulation and Order of Settlement between the United States and UBS Bank resolving the petition of UBS Bank, (the “UBS Bank Stipulation and Order”), a copy of which is attached hereto as Appendix 1 and which is incorporated herein by reference as if set out in full. Mc. Dkt. No. 43 (docketed on February 22, 2019). w. On March 1, 2019, the Court endorsed a Stipulation and Order of Settlement between the United States and the Residential Board of Trump Tower Condominium, acting on its own behalf and on behalf of Trump Tower Condominium, resolving its petition (the “Trump Tower Condominium Stipulation and Order”), a copy of which is attached hereto as Appendix 2 and which is incorporated herein by reference as if set out in full. Mc. Dkt. No. 47 (docketed on March 4, 2019). x. Pursuant to 21 U.S.C. § 853(n)(7) and Fed. R. Crim. P. 32.2(c)(2), the United States shall have clear title to any forfeited property following the Court’s disposition of all petitions and the expiration of the time period provided for the filing of petitions. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(b), 21 U.S.C. § 853(p), 28 U.S.C. § 2461(c), and Rule 32.2 of the Federal Rules of Criminal Procedure, all right, title and interest in the following property is hereby forfeited to the United States of America: 7 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 8 of 56 The real property and premises commonly known as 721 Fifth Avenue, #43G, New York, New York, 10022 (Block 1292, Lot 1112), the sale thereof being subject to the terms of the February 21, 2019 UBS Bank Stipulation and Order and the March 1, 2019 Trump Tower Condominium Stipulation and Order, copies of which are attached as Appendix 1 and Appendix 2. 2. The forfeiture of the Fifth Avenue Property was made final as to the defendant and made part of the sentence and included in the judgment on March 13, 2019, under Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure. 3. The United States has clear title to the Fifth Avenue Property pursuant to Federal Rule of Criminal Procedure 32.2(c)(2) and 21 U.S.C. § 853(n)(7), and, subject to the UBS Bank Stipulation and Order and the Trump Tower Condominium Stipulation and Order, any and all interests that any other third party may have had in the Fifth Avenue Property, including any interests of Kathleen Manafort, are hereby extinguished. 4. The United States Marshals Service, or any other duly authorized law enforcement official, shall dispose of the Fifth Avenue Property according to law and the terms of the UBS Bank Stipulation and Order and the Trump Tower Condominium Stipulation and Order. 5. Nothing in this Order shall affect any property subject to the March 13, 2019, Order of Forfeiture other than the Fifth Avenue Property or any petition asserting an interest in any such other property. 6. Any net sale proceeds realized by the United States shall be credited to the Personal Money Judgment of Forfeiture against the defendant entered on March 13, 2019. 7. The Court retains jurisdiction to take additional action, enter further orders, and amend this and any future orders as necessary to implement and enforce this Order. 8 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 9 of 56 8. The Clerk of the Court is hereby directed to send copies to all counsel of record. SO ORDERED, this ______ day of _______________, 2019 _________________________________________ THE HONORABLE AMY BERMAN JACKSON UNITED STATES DISTRICT JUDGE 9 Case 1:17-cr-00201-ABJ Document 592-1 Filed 05/24/19 Page 10 of 56 APPENDIX 1 Stipulation and Order of Settlement Regarding Petition of UBS Bank USA and 721 Fifth Avenue, #43G, New York, New York 10022 Case Case1:17-cr-00201-ABJ 1:18-mc-00167-ABJDocument Document 592-1 43 Filed Filed 02/22/19 05/24/19 Page Page 111ofof2556 Case Case1:17-cr-00201-ABJ 1:18-mc-00167-ABJDocument Document 592-1 43 Filed Filed 02/22/19 05/24/19 Page Page 212ofof2556 Case Case1:17-cr-00201-ABJ 1:18-mc-00167-ABJDocument Document 592-1 43 Filed Filed 02/22/19 05/24/19 Page Page 313ofof2556 Case Case1:17-cr-00201-ABJ 1:18-mc-00167-ABJDocument Document 592-1 43 Filed Filed 02/22/19 05/24/19 Page Page 414ofof2556 Case Case1:17-cr-00201-ABJ 1:18-mc-00167-ABJDocument Document 592-1 43 Filed Filed 02/22/19 05/24/19 Page Page 515ofof2556 Case 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