United States District Court, C.D. California
[This
Consent Judgment is case-dispositive]
CONSENT JUDGMENT OF FORFEITURE [139]
DALE
S. FISCHER, UNITED STATES DISTRICT JUDGE
I.
INTRODUCTION
1.
Plaintiff United States of America (“United
States” or “the government”) and claimant
Oriole Drive (LA) LLC (“Claimant”) (collectively,
together with certain non-claimants who have agreed to be
bound by this Judgment[1], the “Parties”) have made a
stipulated request for the entry of this Consent Judgment,
which entry disposes of the entirety of this action.
2.
During 2016 and 2017, the government commenced thirty related
civil forfeiture cases in the Central District of California,
against a wide variety of real and personal property located
in the United States and abroad, including defendant assets
owned personally by members of the Low Family or by the
Claimant Entities (collectively, the "Defendant
Assets")[2], as set forth in further detail below.
3. The
United States initiated this civil forfeiture action on July
20, 2016. (Docket Number (“DN”) 1). A First
Amended Complaint (“FAC”) was filed on August 4,
2017. (DN 104). Notice was given and published according to
law. On October 31, 2016, Low Hock Peng, Goh Gaik Ewe, Low
Taek Szen and Low May Lin filed a verified claim (DN 27),
which claim was subsequently withdrawn on May 9, 2017. (DN
93). Pursuant to this Court's Order of March 21, 2017 (DN
89), claims were filed on March 24, 2017 by Claimant Oriole
Drive (LA) LLC (DN 90, in response to the Complaint) and
October 11, 2017 (DN 115, in response to the FAC). On May 31,
2019, this Court entered an Amended Order authorizing an
interlocutory sale of the Defendant Asset. (DN 136). A bid
for purchase of the Defendant Asset was made, but ultimately
withdrawn. The bidder made a non-refundable deposit of $742,
500.00 (the “Deposit”), which proceeds are
currently in the custody of the United States Marshals
Service. Sale of the Defendant Asset is not complete. Oriole
Drive (LA) LLC remains the sole claimant in this action, and
the time for filing claims and answers has expired.
4. The
Stipulations sought entry of Consent Judgments in each of the
following Actions, which would be case dispositive due to the
lack of presence of other claimants:
a. United States v. One Bombardier Global 5000 Jet
Aircraft, Bearing Manufacturer's Serial Number 9265 and
Registration Number N689WM, its Tools and Appurtenances, and
Aircraft Logbooks, CV 16-5367 DSF (PLAx)
(“Bombardier Jet Action”). The FFP-controlled
claimant in this action is Global One Aviation (Global 5000)
Ltd.
b. United States v. Real Property Located in New York,
New York, CV 16-5374 DSF (PLAx) (“Columbus
Action”). The FFP-controlled claimant in this action is
80 Columbus Circle (NYC) LLC.
c. United States v. Real Property Located in New York,
New York, CV 16-5375 DSF (PLAx) (“Greene
Action”). The FFP-controlled claimant in this action is
118 Greene Street (NYC) LLC.
d. United States v. Real Property Located in Los Angeles,
California, CV 16-5378 DSF (PLAx) (“Oriole
Action”). The FFP-controlled claimant in this action is
Oriole Drive (LA) LLC.
e. United States v. Real Property in London, United
Kingdom, owned by Stratton Street (London) Ltd., CV
17-4240 DSF (PLAx) (“Stratton Action”). The
FFP-controlled claimant in this action is Stratton Street
(London) Limited.
f. United States v. Real Property in London, United
Kingdom, owned by Seven Stratton Street (London) Ltd.,
CV 17-4242 DSF (PLAx) (“Seven Stratton Action”).
The FFP-controlled claimant in this action is Seven Stratton
Street (London) Ltd.
g. United States v. Real Property in London, United
Kingdom owned by Eight Nine Stratton Street (London)
Ltd., CV 17-4244 DSF (PLAx) (“Eight Nine Stratton
Action”). The FFP-controlled claimant in this action is
Eight Nine Stratton Street (London) Ltd.
h. United States v. Certain Rights and Interests in the
Electrum Group, CV 17-4447-DSF (PLAx) (“Electrum
Action”). The FFP-controlled claimant in this ...