Order of Forfeiture and Dismissal with Prejudice — One 1978 Israel 1124 Fixed-Wing Jet (S.D. Fla., Dkt. 29)

Summary

An Order of Forfeiture and Dismissal with Prejudice in United States v. a 1978 Israel 1124 fixed-wing jet and $403,604.82 in U.S. dollars seized from HP Brothers, LLC, Case No. 13-60741-CV-DIMITROULEAS, in the U.S. District Court for the Southern District of Florida, Document 29, entered on the docket September 19, 2013. It rests on a stipulation and settlement agreement between the United States and Claimants Avioquattro Airlines, Corp and HP Brothers, LLC. The aircraft is to be released to Avioquattro Airlines, Corp. once registered under Title 14 C.F.R. Part 47 and verified by the Federal Aviation Administration, and that claimant is to pay $10,000 to the U.S. Marshals Service. The $403,604.82 is forfeited under Title 18, U.S.C.§ 1960, and the action is dismissed with prejudice under Rule 41(a)(2).

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Case 0:13-cv-60741-WPD Document 29 Entered on FLSD Docket 09/19/2013 Page 1 of 3



                               UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA

                              CASE NO. 13-60741-CV-DIMITROULEAS

  UNITED STATES OF AMERICA,

                 Plaintiff,
  v.

  1. One 1978 ISRAEL 1124 FIXED-WING JET,
  SERIAL NO. 223, FAA REG.# N518WA, and

  2. $403,604.82 IN U.S. DOLLARS SEIZED
  FROM HP BROTHERS, LLC. ACCOUNT
  # 2000021349298 AT WELLS FARGO BANK
  _______________________________________________/

              ORDER OF FORFEITURE AND DISMISSAL WITH PREJUDICE

              This matter is before the Court upon the stipulation and settlement agreement

  between the United States, and Claimants Avioquattro Airlines, Corp and HP Brothers, LLC.,

  (“Claimants”). The Court has reviewed the terms of the stipulation and the record in this action,

  and being otherwise fully advised, the Court finds as follows:

  1.     The parties, the United States and Claimants have agreed to settle this action pursuant to

  the following terms:

         a.      The United States agrees to release and return defendant property number 1 to

         Claimant Avioquattro Airlines, Corp., once the aircraft has been properly registered in

         accordance with the provisions of Title 14 C.F.R. Part 47, and verified as such by

         the Federal Aviation Administration. Claimant Avioquattro Airlines, Corp., also agrees to

         pay the sum of $10,000 (ten thousand dollars) to the U.S. Marshals Service representing

         the total amount of maintenance and storage expenses related to the defendant aircraft.




                                                  1
Case 0:13-cv-60741-WPD Document 29 Entered on FLSD Docket 09/19/2013 Page 2 of 3



         Payment shall be made through a cashier’s check payable to the U.S. Marshals Service.

         b.      The defendant property number 2, $403,604.82 in funds seized from the HP

         Brothers, LLC account, etc., are forfeited to the United States pursuant to Title 18,

         U.S.C.§ 1960, as prayed for in the amended verified complaint (DE 8) filed in this action.

  2.     Claimants Avioquattro Airlines, Corp and HP Brothers, LLC., their agents, attorneys,

  heirs and assigns agree to forever withdraw any and all claims regarding the defendant property,

  and agree to release, hold harmless and fully indemnify the United States Drug Enforcement

  Administration, and the Federal Aviation Administration, from any claims concerning the

  seizure, disposition and forfeiture of any defendant property.

  3.   Each party further agrees to bear its own expresses, cost and attorney fees incurred at any

  stage of these proceedings.

  4.   Avioquattro Airlines, Corp., and HP Brothers, LLC., knowingly, voluntarily, and with

  assistance of counsel agree to waive any and all claims or defenses that it may have in this

  action under the United States Constitution or any other federal or state law.

  5.   Claimants, Avioquattro Airlines, Corp., and HP Brothers, LLC., its President, its agents,

  attorneys, heirs and assigns agree to forever withdraw any and all claims regarding the

  defendant aircraft, and agree to release, hold harmless and fully indemnify the United States of

  America and all officers, agents or employees of the United States, the United States Drug

  Enforcement Administration and the Federal Aviation Administration, from any and all claims

  concerning any matter related to the seizures’ forfeiture in this case, and the release of the

  defendant aircraft.

  6.   Each party further agrees to bear its own expenses, costs and attorney fees incurred at any

  stage of these proceedings.



                                                   2
Case 0:13-cv-60741-WPD Document 29 Entered on FLSD Docket 09/19/2013 Page 3 of 3



  7.   This agreement shall not be deemed an admission of any criminal or civil liability on the

  part of the claimants, Avioquattro Airlines, Corp., and HP Brothers, LLC.

  8.   This action is dismissed with prejudice pursuant to Rule 41(a)(2) of the Federal Rules of

  Civil Procedure.

  9.   The Clerk of the Court is directed to CLOSE this action and DENY any pending motions as

  moot.

          DONE and ORDERED in Chambers at Fort Lauderdale, Florida, this 18th day of

  September, 2013.




  Copies provided to:

  Counsel of record

                                                   3


File and source

File

29.pdf

Size

112,607 bytes

SHA-256

d6d36bd5d64d9f35f33469a0694789edb3d3a624f3a1105304642d999f165829

Our copy

29.pdf

Original

No public link identified.