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U.S. v. THE REAL PROPERTY LOCATED AT 272 OLD MONTAUK HIGHWAY, MONTAUK

12-CV-1880 (ADS)(GRB).

UNITED STATES OF AMERICA, Plaintiff, v. THE REAL PROPERTY LOCATED AT 272 OLD MONTAUK HIGHWAY, MONTAUK, NEW YORK, 11954, AND ALL PROCEEDS TRACEABLE THERETO, ANY AND ALL SHARES OF 93 OLD. MONTAUK OWNERS, INC. HELD IN THE NAME OF DISTINCTIVE VENTURES, LLC, AND ALL PROCEEDS TRACEABLE THERETO, ANY AND ALL SHARES OF 93 OLD. MONTAUK OWNERS, INC. HELD IN THE NAME OF BRIAN CALLAHAN AND SHERI CALLAHAN, TOGETHER WITH THE PROPRIETARY LEASE FOR COOPERATIVE UNIT SALT SEA #4 AT THE REAL PROPERTY LOCATED AT 272 OLD. MONTAUK HIGHWAY, MONTAUK, NEW YORK, 11954, AND ALL PROCEEDS TRACEABLE THERETO, THE REAL PROPERTY LOCATED AT 47 CLOCK TOWER LANE, OLD WESTBURY, NEW YORK 11568, AND ALL PROCEEDS TRACEABLE THERETO, Defendants In Rem.

United States District Court, E.D. New York.

February 22, 2014.

Attorney(s) appearing for the Case

Brian D. Morris , AUSA, Laura D. Mantell , AUSA, Karin K. Orenstein , AUSA, United States Attorney's Office, Attorneys for the Plaintiff, Brooklyn, NY.

Alyssa B. Cohen, Esq. , John H. Culver, Esq. Joanna A. Diakos, Esq. , of Counsel, K & L Gates LLP, Attorneys for the Claimant CreXus S. Holdings, LLC, New York, NY.

Evan Scott Lupion, Esq. , Yehuda David Scharf, Esq. , of Counsel, Morrison Cohen LLP. Attorneys for the Claimant Gibraltar Private Bank and Trust, New York, NY.

Andrew J. Frisch, Esq. , of Counsel, Law Offices of Andrew J. Frisch, Attorneys for the Claimants Distinctive Ventures, LLC, and Distinctive Investments LLC, New York, NY.

Michael Tremonte, Esq. , of Counsel, SherTremonte LLP, Attorneys for the Claimant Sheri Manson-Callahan, New York, NY.

Robert Knuts, Esq. , of Counsel, Park & Jensen LLP, Attorneys for the Claimant Sheri Manson-Callahan, New York, NY.

Eric Nevins Whitney, Esq. , Rachel Lois Izower-Fadde, Esq. , Steven M. Nadel, Esq. , of Counsel, Greenberg Traurig LLP, Attorneys for the Claimant OneWest Bank, F.S.B. New York, NY.

Kevin Patrick Mulry, Esq. , of Counsel, Farrell Fritz, P.C., Attorneys for the Claimants Peter v. Pantaleo and Denise L. Loring, Uniondale, NY.

Michael Max Rosensaft, Esq. , of Counsel, Katten Muchin Rosenman LLP, Attorneys for the Claimant Latus Partners LLC, New York, NY.

MEMORANDUM OF DECISION AND ORDER AND

ARTHUR D. SPATT, District Judge.

On April 17, 2012, the Plaintiff United States of America (the "Government") commenced this civil in rem action seeking forfeiture of (1) the real property located at 272 Old Montauk Highway, Montauk New York (the "Montauk Property"); (2) any and all shares of 93 Old Montauk Owners, Inc. (the "Co-Op") held in the name of Distinctive Ventures, LLC (the "Distinctive...

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