United States v. Stern

Full title: UNITED STATES OF AMERICA v. JOSEPH EZRIEL STERN, a/k/a “Izzy” a/k/a “EZ…

Court: United States District Court, S.D. New York

Date published: Aug 27, 2021

16 Cr 525 (JGK) (S.D.N.Y. Aug. 27, 2021)

Opinion

16 Cr 525 (JGK)

08-27-2021

UNITED STATES OF AMERICA v. JOSEPH EZRIEL STERN, a/k/a “Izzy” a/k/a “EZ” Defendant. MIRIAM STERN, Third-Party Petitioner

HON. JOHN G. KOELTL UNITED STATES DISTRICT JUDGE

FINAL ORDER OF FORFEITURE

HON. JOHN G. KOELTL UNITED STATES DISTRICT JUDGE

WHEREAS, on or about May 28, 2020, the Court entered a Preliminary Order of Forfeiture as to Substitute Assets (the “Preliminary Order”) forfeiting all right, title and interest of the defendant Joseph Ezriel Stern, in, inter alia, the following:

a. 1163 57^th Street, Brooklyn, New York 11219 recorded as Block 5689, Lot 55, in Kings County, City of Brooklyn, State of New York;

(the “Subject Property”);

WHEREAS, on or about August 12, 2020, Miriam Stern filed a Petition asserting an interest in, inter alia, the Subject Property; and

WHEREAS, on or about August 5, 2021, the Court entered a Memorandum Opinion and Order holding that as a result of the forfeiture of the defendant' interest in the Subject Property, the Government and Miriam Stern each own an undivided half interest in the Subject Property as tenants in common, with the Government owning a survivorship right in the Subject Property tied to Miriam Stern's life, and Miriam Stern owning a survivorship right in the Subject Property tied to defendant Joseph Ezriel Stern's life.

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

1. An undivided half interest in the Subject Property as tenant in common, with a survivorship right in the Subject Property tied to Miriam Stern's life (the “Half Interest”), is hereby forfeited and vested in the United States of America, and shall be disposed of according to law.

2. Pursuant to Title 21, United States Code, Section 853(n)(7) the United States of America shall and is hereby deemed to have clear title to the Half Interest.

3. An undivided half interest in the Subject Property as tenant in common, with a survivorship right in the Subject Property tied to defendant Joseph Ezriel Stern's life, is retained by Miriam Stern.

4. The Clerk of the Court shall forward three certified copies of this Stipulation and Order to Assistant United States Attorney Alexander J. Wilson, Co-Chief, Money Laundering and Transnational Criminal Enterprises Unit, One St. Andrew's Plaza, New York 10007.

SO ORDERED.