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United States v. Starr

United States District Court, S.D. New York

January 10, 2020

UNITED STATES OF AMERICA
v.
KENNETH STARR, Defendant.

          PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC PROPERTY

          HONORABLE LORETTA A. PRESKA UNITED STATES DISTRICT JUDGE

         WHEREAS, on or about June 10, 2010, Kenneth Starr (the "defendant"), was charged in an Indictment, 10 Cr. 520 (SAS)(LAP) (the "Indictment"), with wire fraud, in violation of Title 18, United States Code, Section 1343 (Counts One through Twenty); money laundering, in violation of Title 18, United States Code, Section 1956(a) (1)(Count Twenty-One); fraud by an investment advisor, in violation of Title 15, United States Code, Sections 80b-6 and 80b-17(Count Twenty-Two); and securities fraud, in violation of Title 15, United States Code, Sections 78j (b) and 78ff(a) (Count Twenty-Three);

         WHEREAS, the Indictment included forfeiture allegations as to Counts One through Twenty, Twenty-Two and Twenty-Three, seeking forfeiture to the United States, pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461, of all property, real and personal, which constitutes or is derived from proceeds traceable to the commission of the offenses alleged in Counts One through Twenty, Twenty-Two and Twenty-Three of the Indictment;

         WHEREAS, the Indictment included an additional forfeiture allegation with respect to Count Twenty-One seeking, pursuant to Title 18, United States Code, Section 982(a)(1), all property, real and personal, involved in the offense alleged in Count Twenty-One of the Indictment;

         WHEREAS, on or about September 10, 2010, the defendant pled guilty to Counts Nine, Twenty-One and Twenty-Two, pursuant to a plea agreement with the Government, wherein the defendant admitted the forfeiture allegation with respect to Counts Nine, Twenty-One and Twenty-Two and agreed to forfeit, a sum of $29, 112, 782.69 in United States currency and certain specific property;

         WHEREAS, on or about March 2, 2011, the defendant was sentenced and ordered to a forfeiture money judgment in the amount of $29, 11, 782.69, representing the amount of proceeds obtained as a result of the charged wire fraud offenses (the "Money Judgment");

         WHEREAS, the Government asserts that the following accounts are forfeitable pursuant to Title 18, United States Code, Section 981(a)(1)(C), as property real or personal, which constitutes or is derived from proceeds traceable to the offenses alleged in Counts Nine, Twenty-One and Twenty-Two:

a. All funds and other property on deposit at City National Bank, account number 665063070, held in the name of Kenneth I. Starr, and all property traceable thereto;
b. All funds and other property on deposit at City National Bank, account number 665030571, held in the name of Starr Investment Advisors, LLC, and all property traceable thereto; and
c. All funds and other property on deposit at City National Bank, account number 665019519, held in the name of Starr & Co., LLC, and all property traceable thereto; and (a. through c, collectively the "Specific Property");

         WHEREAS, pursuant to Title 21, United States Code, Section 853(g), and Rules 32.2(b) (3), and 32.2 (b) (6) of the Federal Rules of Criminal Procedure, the Government is now entitled, pending any assertion of third-party claims, to reduce the Specific Property to its possession and to notify any and all persons who reasonably appear to be a potential claimant of their interest herein;

         NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:

         1. As a result of the offenses charged in Counts Nine, Twenty-One and Twenty-Two of the Indictment, to which the defendant pled guilty, all of the defendant's right, title and interest in the Specific Property is hereby forfeited to the United States for disposition in accordance with the law, subject to the provisions of Title 21, United States Code, Section 853.

         2. Upon entry of this Preliminary Order of Forfeiture as to Specific Property, the United States Treasury Department (or its designee) is hereby authorized to take possession of the Specific Property ...


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