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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 3 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 1 of 12
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`STIPULATION AND ORDER
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`S1 16 Cr. 91 (PKC)
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`UNITED STATES OF AMERICA
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`-v.-
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`SCOTT TUCKER,
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`Defendant.
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`---------------------------------------------------------------
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`DAVID FEINGOLD, et al.,
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` Petitioner.
`---------------------------------------------------------------
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`KIM TUCKER, et. al.,
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` Petitioner.
`---------------------------------------------------------------
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`PAUL C. RAY
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` Petitioner.
`---------------------------------------------------------------
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`WHEREAS, on or about November 30, 2016, SCOTT TUCKER (the
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`“Defendant”), was charged in a fourteen-count Superseding Indictment, S1 16 Cr. 091 (PKC) (the
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`“Indictment”), with conspiracy to collect unlawful debts, in violation of Title 18, United States
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`Code, Section 1962(d) (Count One); collection of unlawful debts, in violation of Title 18, United
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`States Code, Section 1962(c) (Counts Two through Four); conspiracy to commit wire fraud, in
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`violation of Title 18, United States Code, Section 1349 (Count Five); wire fraud, in violation of
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`Title 18, United States Code, Sections 1343 and 2 (Count Six); conspiracy to commit money
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`laundering, in violation of Title 18, United States Code, Section 1956(h) (Count Seven); promotion
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`money laundering, in violation of Title 18, United States Code, Sections 1956(a)(l)(A)(i) and 2
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 4 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 2 of 12
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`(Count Eight); concealment money laundering, in violation of Title 18, United States Code,
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`Sections 1956(a)(l)(B)(i) and 2 (Count Nine); and with false Truth in Lending Act disclosures, in
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`violation of Title 15, United States Code, Section 1611 and Title 18, United States Code, Section
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`2 (Counts Ten through Fourteen);
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`WHEREAS, on or about October 13, 2017, the Defendant was found guilty
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`following a jury trial of all counts of the Indictment;
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`WHEREAS, on or about April 17, 2018, the Court entered an Amended Preliminary
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`Order of Forfeiture as to Specific Property/Money Judgment (the “Order of Forfeiture”) (D.E.
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`344), imposing a money judgment against the Defendant in the amount of $3,500,000,000.00 and
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`forfeiting, inter alia, all of the Defendant’s right, title and interest in certain property of the
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`Defendant;
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`WHEREAS, on or about June 9, 2021, the Court entered a Preliminary Order of
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`Forfeiture as to Substitute Assets (the “Substitute Asset Order”) (D.E. 447) forfeiting, inter alia,
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`all right, title and interest of the Defendant in the following assets that at the time were in the
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`possession, custody, and control of the Monitor (the “FTC Monitor”) appointed in an action
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`brought by the Federal Trade Commission (“FTC”) against the Defendant, among others,
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`captioned FTC v. AMG Services, Inc., et al., 12 Civ. 536 (GMN) (VCF), in the United States
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`District Court of Nevada (the “FTC Action”):
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`a.
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`$106,881.69 in United States currency representing the proceeds received
`by the FTC Monitor from the sale of the real property located at 100
`Manning Street, Newark, Ohio, 43055 and 502 Maple Avenue, Newark,
`Ohio 43055, a recycling plant located in Licking County, Ohio,
`representing EVAS Investment LLC’s interest (Item Q in the Substitute
`Asset Order);
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`2
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 5 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 3 of 12
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`b.
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`c.
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`d.
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`e.
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`$3,100,000 representing funds received by the FTC Monitor from German
`May relating to monies owed to Westfund LLC (Item WW in the
`Substitute Asset Order);
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`$10,000 representing funds received by the FTC Monitor from
`Homeowners Realty Partners, LLC resolving a promissory note held by
`EVAS Investments LLC (Item XX in the Substitute Asset Order);
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`$1,262,039.29 representing funds received by the FTC Monitor from
`EyeVerify, LLC relating to Defendant’s interest in EyeVerify, LLC (Item
`ZZ in the Substitute Asset Order); and
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`$104,535.72 representing funds received by the FTC Monitor from Jerry
`Gottlieb pursuant to a settlement agreement resolving monies owed to
`Defendant (Item FFF in the Substitute Asset Order)
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`(a. through e., collectively, the “Subject Property”);
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`WHEREAS, David Feingold, both individually and as Trustee for the David
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`Feingold B. Trust dated February 1996, the Chad M. Feingold Grantor Trust #2 dated November
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`1999, and the Erika Feingold Grantor Trust #2 dated November 1999; Dylan Jagger Investment
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`Co.; Homeowners Realty, LLC; UMR Building, LLC, United Material Recovery, LLC and EVAS
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`Investments, LLC (collectively, the “Feingold Petitioners”) filed a Verified Petition for an
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`Ancillary Proceeding asserting an interest in the Subject Property (the “Feingold Petition”) (D.E.
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`464);
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`WHEREAS, Kim Tucker, the Defendant’s former wife, and several corporate
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`entities Kim Tucker claims to currently own (the “Kim Tucker Parties”) filed third-party petitions
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`asserting an interest in, inter alia, the Subject Property (collectively, the “Kim Tucker Petitions”)
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`(D.E. 450 and 463);
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`3
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 6 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 4 of 12
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`WHEREAS, Paul C. Ray, filed a Third-Party Petition asserting an interest in, inter
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`alia, the Subject Property (the “Ray Petition”) (D.E. 476);
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`WHEREAS, the total value of the Subject Property is approximately $4,583,456.70
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`in United States currency; and
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`WHEREAS, the Government, the Feingold Petitioners, the Kim Tucker Parties,
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`and Paul C. Ray have agreed to settle the Feingold Petition and a portion of the Kim Tucker
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`Petitions and the Ray Petition with respect to their claims of interest in the Subject Property
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`without further litigation on the terms and conditions set forth below;
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`WHEREAS, on August 24, 2022, an order was issued in the FTC Action (the
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`“Transfer Order”) requiring the FTC Monitor to “[p]romptly . . . transfer all remaining funds
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`[collected by the Monitor], after deductions for the fees and expenses approved in this Order
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`[and] the reserve approved [therein], to the United States of America or its designee pursuant to
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`the [Order of Forfeiture],” which includes, but is not limited to, the Subject Property;
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`WHEREAS the Government has subsequently received the transfer of funds
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`contemplated by the Transfer Order (the “Funds”);
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`IT IS HEREBY STIPULATED AND AGREED, by and between the United
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`States of America, by its attorney Damian Williams, United States Attorney, Assistant United
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`States Attorney, Sagar K. Ravi of counsel; the Feingold Petitioners by and through their counsel
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`Carol Lee, Esq.; the Kim Tucker Parties and their counsel, Richard Finneran, Esq.; and Paul C.
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`Ray, pro se, that:
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`1.
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`The Government shall release and transfer $686,417 of the Subject
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`Property (the “Feingold Settlement”) to the Feingold Petitioners.
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`4
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 7 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 5 of 12
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`2.
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`The Government shall release and transfer $213,822.38 (the “Kim Tucker
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`Parties’ Settlement”) to Kim Tucker.
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`3.
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`The Government shall release and transfer $20,000 of the Subject Property
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`(the “Ray Settlement”) to Paul C. Ray.
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`4.
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`Subject to and conditioned upon the release and transfer of the Feingold
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`Settlement, the Kim Tucker Parties’ Settlement, and the Ray Settlement as set forth above, the
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`Feingold Petitioners, the Kim Tucker Parties, and Paul C. Ray agree not to contest the United
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`States’ contention, pursuant to Title 21, United States Code, Section 853(n)(6)(A), that the
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`Government has a superior interest in the Subject Property, with the exception of the Feingold
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`Settlement, the Kim Tucker Parties’ Settlement, and the Ray Settlement.
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`5.
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`Subject to and conditioned upon the release and transfer of the Feingold
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`Settlement as set forth above, the Feingold Settlement shall satisfy all claims contained in the
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`Feingold Petition and the Feingold Parties hereby withdraw any remaining claims to the Subject
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`Property or to any other property identified in the Substitute Asset Order.
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`6.
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`Subject to and conditioned upon the release and transfer of the Kim
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`Tucker Parties’ Settlement as set forth above, the Kim Tucker Parties’ Settlement shall satisfy all
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`claims contained in the Kim Tucker Petitions only with respect to the Subject Property and does
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`not preclude the Kim Tucker Parties from asserting any claims in the remaining assets identified
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`in the Substitute Asset Order or any other assets or challenging the Substitute Assets Order with
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`respect to the remaining assets identified in the Substitute Asset Order or in any other assets.
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`Except as provided in this paragraph, nothing in this Stipulation and Order, including its recitals,
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`shall be construed as a concession by the Kim Tucker Parties as to any issue that has been raised
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`5
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 8 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 6 of 12
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`or may be raised in this or any other proceeding, or otherwise used to the detriment of any one of
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`them.
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`7.
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`Subject to and conditioned upon the release and transfer of the Ray
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`Settlement as set forth above, the Ray Settlement shall satisfy all claims contained in the Ray
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`Petition only with respect to the Subject Property and does not preclude Paul C. Ray from
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`asserting any claims in the remaining assets identified in the Substitute Asset Order or in any
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`other assets or challenging the Substitute Assets Order with respect to the remaining assets
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`identified in the Substitute Asset Order or any other assets. Except as provided in this paragraph,
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`nothing in this Stipulation and Order, including its recitals, shall be construed as a concession by
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`Paul C. Ray as to any issue that has been raised or may be raised in this or any other proceeding,
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`or otherwise used to his detriment.
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`8.
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`Subject to and conditioned upon the release and transfer of the Feingold
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`Settlement, the Kim Tucker Parties’ Settlement, and the Ray Settlement as set forth above, the
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`Feingold Petitioners, the Kim Tucker Parties, and Paul C. Ray (the “Settling Parties”) are hereby
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`barred from asserting, or assisting others in asserting, any claim against the United States of
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`America (“USA”), the IRS, the Department of Treasury (“DOT”), the Department of Justice
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`(“DOJ”), the U.S. Attorney’s Office for the Southern District of New York (“USAO-SDNY”), or
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`any agents and employees of the USA, the IRS, the DOT, the DOJ, or the USAO-SDNY, in
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`connection with or arising out of the seizure, restraint, and/or constructive possession of the
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`Subject Property, including, but not limited to, any claim that there was no probable cause to
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`seize and/or forfeit the Subject Property, that the Settling Parties are a prevailing party with
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`6
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 9 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 7 of 12
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`respect to the Subject Property, or that the Settling Parties are entitled to attorney’s fees or any
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`award of interest on account of this Stipulation and Order.
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`9.
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`Subject to and conditioned upon the release and transfer of the Feingold
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`Settlement, the Kim Tucker Parties’ Settlement, and the Ray Settlement as set forth above, the
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`Settling Parties hereby agree to waive all rights to appeal or otherwise challenge or contest the
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`validity of this Stipulation and Order.
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`10.
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`Each party shall bear its own costs and attorney’s fees with respect to this
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`Stipulation and Order.
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`11.
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`This Stipulation and Order may be executed in counterparts, each of which
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`shall constitute an original as against the party whose signature appears on it. All executed
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`counterparts shall be deemed to be one and the same instrument. This Stipulation and Order
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`shall become binding when one or more counterparts, individually or taken together, bears the
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`signature of all parties.
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`[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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`7
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 10 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 8 of 12
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`12.
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`A facsimile or electronic image of the original signature of any party
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`executing this Stipulation and Order shall be deemed an original signature and shall constitute an
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`original as against the party whose signature appears in the facsimile or electronic image.
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`AGREED AND CONSENTED TO:
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`DAMIAN WILLIAMS
`United States Attorney for the
`Southern District of New York
`Attorney for the United States
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`By:
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`SAGAR K. RAVI
`Assistant United States Attorney
`One St. Andrew’s Plaza
`New York, New York 10007
`(212) 637-2195
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`THE FEINGOLD PETITIONERS
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`By:
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`By:
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`DAVID FEINGOLD
`Petitioner, Individually and on behalf of
`the Feingold Petitioners.
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`CAROL LEE, ESQ.
`Pillsbury Winthrop Shaw Pittman LLP
`31 West 52nd Street
`New York, New York 10019-6131
`(212) 858-1000
`Attorneys for the Feingold Petitioners
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`(cid:20)(cid:19)(cid:18)(cid:19)(cid:22)(cid:18)(cid:21)(cid:19)(cid:21)(cid:21)
`DATE
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`DATE
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`DATE
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`[SIGNATURES CONTINUE OF THE FOLLOWING PAGE]
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`8
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 11 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 9 of 12
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 12 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 10 of 12
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`12.
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`A facsimile or electronic image of the original signature of any party
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`executing this Stipulation and Order shall be deemed an original signature and shall constitute an
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`original as against the party whose signature appears in the facsimile or electronic image.
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`AGREED AND CONSENTED TO:
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`DAMIAN WILLIAMS
`United States Attorney for the
`Southern District of New York
`Attorney for the United States
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`By:
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`SAGAR K. RAVI
`Assistant United States Attorney
`One St. Andrew’s Plaza
`New York, New York 10007
`(212) 637-2195
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`THE FEINGOLD PETITIONERS
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`By:
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`By:
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`DAVID FEINGOLD
`Petitioner, Individually and on behalf of
`the Feingold Petitioners.
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`CAROL LEE, ESQ.
`Pillsbury Winthrop Shaw Pittman LLP
`31 West 52nd Street
`New York, New York 10019-6131
`(212) 858-1000
`Attorneys for the Feingold Petitioners
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`DATE
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`DATE
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`10/3/2022
`DATE
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`[SIGNATURES CONTINUE OF THE FOLLOWING PAGE]
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 13 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 11 of 12
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`10-6-2022
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`Case 1:16-cr-00091-PKC Document 488 Filed 10/07/22 Page 14 of 14Case 1:16-cr-00091-PKC Document 489 Filed 10/07/22 Page 12 of 12
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`Date: 10/7/2022
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