In re Customs & Tax Admin. of Kingdom of Den. (Skatteforvaltningen) Tax Refund Scheme Litig.

Full title: In re CUSTOMS AND TAX ADMINISTRATION OF THE KINGDOM OF DENMARK…

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

Date published: Mar 26, 2022

18-md-2865 (LAK) (S.D.N.Y. Mar. 26, 2022)

Opinion

18-md-2865 (LAK)

03-26-2022

In re CUSTOMS AND TAX ADMINISTRATION OF THE KINGDOM OF DENMARK (SKATTEFORVALTNINGEN) TAX REFUND SCHEME LITIGATION This document relates to case No. 18-cv-09490

HUGHES HUBBARD-&-REED LLP Marc A. Weinstein Neil J. Oxford Dustin P. Smith One Battery Park Plaza Counsel for Plaintiff Skatteforvaltningen Customs and Tax Administration of the Kingdom of Denmark) SEWARD & KISSEL LLP Mark J. Hyland Thomas Ross Hooper Counsel for Bluegrass Investment Management; LLC

Lewis A. Kaplan, United Stated District Judge.

HUGHES HUBBARD-&-REED LLP

Marc A. Weinstein

Neil J. Oxford

Dustin P. Smith

One Battery Park Plaza

Counsel for Plaintiff Skatteforvaltningen Customs and Tax Administration of the Kingdom of Denmark)

SEWARD & KISSEL LLP

Mark J. Hyland

Thomas Ross Hooper

Counsel for Bluegrass Investment Management; LLC

[PROPOSED] CONSENT JUDGMENT

Lewis A. Kaplan, United Stated District Judge.

WHEREAS, on June 14, 2018, plaintiff Skatteforvaltningen (“SKAT”) commenced this action against defendants Triton Farms LLC 401(K) Plan (“Triton Farms”), Bluegrass Investment Management, LLC (“BGIM”), Bernard Tew, and George Hofmeister and on April 24, 2020, SKAT filed an amended complaint against the defendants (the foregoing collectively hereinafter referred to as the “Action”);

WHEREAS, SKAT and defendant BGIM now wish to resolve all the claims SKAT asserted in the Action against BGIM;

NOW THEREFORE, without trial or adjudication of issue of fact or law, and upon BGIM's consent, the Court finds that there is good and sufficient cause to enter this Consent Judgment, and that IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT:

1. This Consent Judgment is hereby entered in favor of plaintiff SKAT against defendant BGIM in the amount of $366,000 (US); and

2. Defendant BGIM shall be liable to pay the amount set forth in paragraph 1.

3. Each party shall bear its own attorneys' fees and costs.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Consent Judgment.

SO ORDERED: