| US Bid To Take 650 Fifth
Avenue From Iran Now Has SDNY In Person
Hearing Oct 13
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 23 – The US sued seeking
forfeiture of a building at
650 Fifth Avenue in Manhattan,
to take the property rights of
Bank Melli Iran and Assa
Company. That was in 2008 and
the case has been up to the
Second Circuit Court of
Appeals.
On June 25
U.S. District Court for the
Southern District of New York
Judge Loretta A. Preska held a
proceeding. Inner City Press
live tweeted it, below.
Now in
August, Judge Preska has set
this schedule: "ORDER re:
[2308] Letter filed by 650
Fifth Avenue Company, Alavi
Foundation. In light of
Claimants' letter dated August
20, 2020 [dkt. no. 2308]: 1.
Claimants may submit
affidavits from Dr. Hassani
and Mr. Dabiran no later than
September 9, 2020. The
Government may respond no
later than September 16, 2020.
2. The probable cause hearing
currently scheduled for
October 5-6, 2020, is
adjourned until October 13-14,
2020. The hearing will
commence at 10:30 a.m. on
October 13, 2020, in Courtroom
12A at 500 Pearl Street, New
York, NY, and, if necessary,
at 10:00 a.m. on October 14,
2020. SO ORDERED. ( Status
Conference set for 10/13/2020
at 10:30 AM in Courtroom 12A,
500 Pearl Street, New York, NY
10007 before Judge Loretta A.
Preska.) (Signed by Judge
Loretta A. Preska on
8/21/2020)."
Lawyer: The US
charged that the Alavi
foundation was engaged in a
continuing violation. But the
6th Circuit has ruled that
with that charge, if the
government sits on its hand
for five years, it's too
late.
Next, Dan Ruzumna
for 650 Fifth Ave Co.: " I've
been looking at the Marsh
case... There is a need for a
hearing before taking of real
estate."
Judge
Preska: The US is not saying
no oral argument, just that
there's not a need for an
evidentiary hearing.
Ruzumna, after saying why a
Doug Jensen is in but not in
the case, says, "Briefing is
not a hearing."
Judge Preska:
Anything else before we go to
the next person?
AUSA: About the
two Alavi board members, we
disagree with Ruzumna's
characterization of those
events.
Ruzumna reads
from a June 23 message, that
it is not clear White and Case
will represent the board
member, in part due to
unclarity about payment of
fees.
AUSA: I
apologize, that is not
information we had access to.
Now it's said
White & Case's Jensen will
not accept service of
subpoena for the two
individuals until
representation / fees are
settled. But a "hold
notice" is sought, that
documents not be destroyed
until this is resolved.
Judge
Preska starts talking about a
hearing, what would be filed
before it. She says she
assumes the property owner
would waive the posting of a
notice on the property itself.
Inner City
Press will continue to cover
this case.
It is In re: 650 Fifth Avenue
and Related Properties,
08-cv-10934 (Preska).
***
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