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Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 1 of 9

USDSSDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:~~~----,,..---~.--

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

DATE FILED: -;1-/;J?-f/b

- x

UNITED STATES OF AMERICA,

STIPULATION AND ORDER
Sl 15 Cr. 317 (KMW)
- v.

ADAM SKELOS,
Defendant.
x

ANN MARIE SKELOS,

Petitioner.
-x

WHEREAS, on or about July 21, 2015, ADAM SKELOS, the

defendant (the "defendant"), was charged in an eight-count
Superseding Indictment, Sl 15 Cr. 317 (KMW)

(the "Indictment"),

with conspiracy to commit extortion under color of official

right,

in violation of Title 18, United States Code, Section

1951 (Count One); conspiracy to commit honest services fraud,

in

violation of Title 18, United States Code, Section 1349 (Count

Two); extortion under color of official right, in violation of
Title 18, United States Code, Sections 1951 and 2 (Counts Three
through Five); and solicitation and receipt of bribes, in
violation of Title 18, United States Code, Sections 666(a) (1) (B)
and 2 (Counts Six through Eight);

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 2 of 9

WHEREAS, the Indictment included a forfeiture

allegation as to Counts One through Eight of the Indictment,
seeking, pursuant to Title 18, United States Code, Sections
981{a) {1) {C) and Title 28, United States Code, Section 2461, the
forfeiture of all property, real and personal, which constitutes
or is derived from proceeds traceable to the commission of the
offenses alleged in Counts One through Eight of the Indictment,
including but not limited to, any and all right, title and
interest in the following:
a)

Any and all funds, up to and including at least

$192,000, in account number 2994573919 at JPMorgan Chase

held in the name of ADAM SKELOS and his spouse;
b)

Any and all funds, up to and including at least

$107,581.06, in account number 970779211 at JPMorgan Chase

held in the name of ADAM SKELOS and his spouse; and
c)

The real property known and described as all that

lot or parcel of land, together with its buildings,

appurtenances, improvements, fixtures, attachments and
easements, located at 29 Leon Court, Rockville Centre, New
York, NY 11570 (the "Property");
WHEREAS, on or about December 11, 2015, following a
jury trial,

the defendant was found guilty of Counts One through

Eight of the Indictment and is currently appealing his

conviction;
2

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 3 of 9

WHEREAS,

on or about May 12,

2016,

this Court entered

a Preliminary Order of Forfeiture/Money Judgment as to defendant

ADAM

SKELOS

interest

forfeiting

all

of

ADAM

SKELOS' s

in the Property and entering a

right,

title

and

Money Judgment in the

amount of $334,120.00 (the "Money Judgment").

WHEREAS, on or about June 24, 2016, Ann Marie Diaz
Skelos (the "Petitioner"), the former wife of the Defendant,
filed a petition in the instant matter asserting an interest in
the Property (the "Petition");
WHEREAS, Petitioner asserts a 65 percent ownership
interest in the Property as a marital asset, an interest which
the Defendant does not dispute;
WHEREAS, the Government, Petitioner and the Defendant
have agreed to resolve the Petition pursuant to the terms and
conditions set forth below;
IT IS HEREBY STIPULATED AND AGREED, by and between the
United States of America, by its attorney Preet Bharara, United
States Attorney, Assistant United States Attorneys Edward B.
Diskant, Tatiana Martins, and Thomas A. McKay, of counsel, ADAM
SKELOS, the defendant, and his counsel, Christopher P. Conniff,
Esq., and Ann Marie Diaz Skelos, the Petitioner, and her
counsel, Brendan Ahern, Esq., that:
1.
prejudice.

The Petitioner withdraws the Petition with

In consideration for said withdrawal, the United
3

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 4 of 9

..

States agrees to accept 35% of the net proceeds of the sale of

the Property, funds which shall be applied toward the Money
Judgment (the "Settlement Amount").

The Petitioner agrees to

accept the remaining 65% of the net proceeds from the sale of
the Property in full resolution of any claim to the Property
(the "Petitioner's Settlement Amount").
2.

The Defendant and Petitioner will make their best

efforts to sell the Property within three months from the date
of entry of this Stipulation and Order (the "Sale Deadline").
The Government, in its sole discretion, may choose to extend the
Sale Deadline in any manner it deems appropriate by written
communication to counsel for the Defendant and/or Petitioner.
3.

The Defendant and/or Petitioner will provide any

proposed contract for the sale of the Property to the United

'

States Attorney's Office for the Southern District of New York

("USAO-SDNY"), and shall not enter into any such contract
without the prior written approval of the USAO-SDNY.
4.

If the Defendant and/or Petitioner fail to sell

the Property by the Sale Deadline, the Defendant and Petitioner

agree that the Property shall be sold by the United States
Marshals Service (the "Marshals") or its designee.

The

Defendant and Petitioner further agree to expeditiously execute

any and all paperwork and fulfill any other requirements in
furtherance of a Marshals sale of the Property, including
4

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 5 of 9

vacating the Property within 60 days after the Sale Deadline, if

requested.
5.

Upon the sale of the Property, whether completed

by the Petitioner and/or Defendant or by the USMS, the

Settlement Amount, i.e. thirty five percent (35%) of the net
proceeds realized from the sale, shall be remitted to the
Marshals' Seized Asset Deposit Fund within seven
the closing of the Apartment.

(7)

days after

This amount shall be held by the

USMS pending the lifting of any stay pending appeal (if entered)
and a Final Order of Forfeiture.

The Petitioner's Settlement

Amount -- i.e. sixty five percent (65%) shall be remitted to the

Petitioner within seven (7) days after the closing of the
Apartment.
6.

The

net

proceeds

{the

"Net

Proceeds")

from

the

sale of the Property - and from which the Settlement Amount and
the Petitioner's Settlement Amount shall be paid - shall include
all amounts received from the sale of the Property after payment
of

valid prior

maintenance

liens

(not

fees) ,

by

the

fees/taxes,
attorney's
Property

buyer,

reasonable
fees,

(the

if

include any unpaid

reasonable

reasonable escrow fees,

paid

to

real

estate

reasonable document

reasonable
flip
any,

title

taxes,

and

associated

"Closing Costs") .
5

county

reasonable

Under all

commissions,

recording fees

fees,

with

taxes and/or

the

transfer

real
sale

not

estate
of

the

circumstances,

any

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 6 of 9

taxes,

maintenance

fees,

utility

bills,

or

related

expenses

outstanding on the Property and due at the time of the closing

must be paid by the Petitioner and/or Defendant,

irrespective of

whether

the

and/or

the

Sale

Defendant

circumstance,

of

or

may

maintenance fees,
time

is

the

ultimately
the

such

(or

its

costs

utility bills,

closing

described above)

USMS

completed

(except

i.e.

by

Petitioner

designee) .

Under

outstanding

no

taxes,

or related expenses due at the

for

approved

Closing

Costs,

as

- be taken out of the proceeds of the Sale of

the Property or be shifted to the Government or the purchaser of

the Property.
Should the

7.

the

Sale,

copies

of

the

Petitioner

the

closing

forty-eight
approval

Petitioner

by

(48)

hours

the

and/or

to

prior

the

Government

to

Defendant

Defendant

documents
to

and/or

the

agree

Government

closing

ensure

to

for

complete
provide
at

least

review

compliance

with

and
this

Stipulation and Order.

8.
the

This Court shall have exclusive jurisdiction over

interpretation

and

enforcement

of

this

Stipulation

and

Order.
9.

The Defendant and Petitioner waive all rights to

appeal this Stipulation and Order, or to otherwise challenge or

contest its validity.

This Stipulation and Order has no bearing

on the Defendant's ability to appeal of his conviction,

6

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 7 of 9

including but not limited to his sentence or the Preliminary

Order of Forfeiture.
10.

Each party shall bear its own costs and

attorney's fees.
11.

This Stipulation and Order may be executed in

counterparts, each of which shall constitute an original as

against the party whose signature appears on it.

All executed

counterparts shall be deemed to be one and the same instrument.

This Stipulation and Order shall become binding when one or more
counterparts, individually or taken together, bears the
signature of all parties.

A facsimile or electronic image of

the original signature of any party executing this Stipulation

and Order shall be deemed an original signature and shall
constitute an original as against the party whose signature
appears in the facsimile or electronic image.
Dated:

New York, New York

z._,,b
2016

,)1.1l4

AGREED AND CONSENTED TO:

PREET BHARARA
United States Attorney for the
Southern District of New York
Attorney
th
By:

. DISKANT/TATIANA MARTINS
A. McKAY
Assistant United States Attorneys
One St. Andrew's Plaza
New York, New York 10007
(212) 637-2200
7

~ 2~ ) LO 1-(

DATE

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 8 of 9

~

07/26/161125 THEUPSSTORE15166787500 Page9

ADAM~SKELOS,
Oe~ant

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DATE

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By:

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CHRISTOPHER P.com~!n, ESQ.

Attorney for ADAM SKELOS

ANN MARIE SKELOS,

DATE

Petitioner

By:
ANN MARIE SKELOS,

Petition~r

DATE

By;
BRENDAN AHEFN, ESQ.

So Ordered:

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DATE

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HONORABLE KIMBA M. WOOD

UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF NEW YORK

,,,

.7/22/1613:23

Case 1:15-cr-00317-KMW Document 219 Filed 07/27/16 Page 9 of 9

THE UPS STORE 15166787500 Page 9

ADAM SKELOS, Defendant

ADAM SKELOS, Defendant

DATE

CHRISTOPHER P.CONNIFF, ESQ.

Attorney for ADAM SKELOS

DATE

By:

ANN MARIE SKELOS, Petitioner

By:

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DANAHERNIESQ.

So Ordered:

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HONORABLE KIMBA M. WOOD

UNITED STATES DISTRICT JUDGE

SOUTHERN DISTRICT OF NEW YORK

DATE