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United States v. All Business Assets of Viceroy Lermitage Beverly Hills

United States District Court, C.D. California

November 8, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ALL BUSINESS ASSETS OF THE VICEROY L'ERMITAGE BEVERLY HILLS, Defendant. LBH REAL ESTATE BEVERLY HILLS LLC; JW HOSPITALITY VHG U.S. LLC; JW HOSPITALITY VHG INTL LTD.; AND VHG BEVERLY HILLS LLC, Claimants.

          CONSENT JUDGMENT OF FORFEITURE AS TO CLAIMANTS LBH REAL ESTATE (BEVERLY HILLS) LLC; JW HOSPITALITY (VHG US) LLC; AND JW HOSPITALITY (VHG INTL) LTD ONLY [151]

          DALE S. FISCHER UNITED STATES DISTRICT JUDGE

         This Consent Judgment is NOT case-dispositive

         I. INTRODUCTION

         1. Plaintiff United States of America (“United States” or “the government”) and claimants LBH Real Estate (Beverly Hills) LLC, JW Hospitality (VHG US) LLC and JW Hospitality (VHG Intl) Ltd (“Claimants”) (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 claims of Claimants in their entirety, but is not dispositive of the action.[2]

         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")[3], 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 116). 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Low Hock Peng, Goh Gaik Ewe, Low Taek Szen and Low May Lin filed a verified claim (DN 32), which claim was subsequently withdrawn on May 9, 2017. (DN 105). On November 7, 2016, VHG Beverly Hills LLC filed a verified claim in response to the Complaint (DN 37) and, on October 11, 2017, a verified claim in response to the FAC. (DN 131). Pursuant to this Court's Order of March 21, 2017 (DN 101), claims were filed on March 24, 2017 by Claimants JW Hospitality (VHG INTL) Ltd.; JW Hospitality (VHG US) LLC; and LBH Real Estate (Beverly Hills) LLC (DN 102, in response to the Complaint) and October 11, 2017 (DN 130, in response to the FAC). These claimants remain the only claimants 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 action is JW Aurum (Cayman) GP Ltd.

         i. United States v. All Rights to and Interests in the Shares of Flywheel Common Stock Held or Acquired by FW Sports Investments LLC, CV 17-4448 DSF (PLAx) (“Flywheel Action”). The ...


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