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JJDGE
BERMAl1
PREET BHARARAUnited States Attorney forthe Southern District
of
New
YorkBy: SHARON
E.
FRASEBARBARA
A.
WARDAssistant United States AttorneysOne St. Andrew's Plaza
New
York,
New
York 10007Telephone: (212) 637-2329/1048UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF
NEW
YORK
._-------------------------------------------------,
UNITED STATES OF AMERICA,Plaintiff,-against-ONE 2003 VIKING 61' CONVERTIBLE
MOTOR
YACHT KNOWN AS
DOROTHY
JO,
HULL IDENTIFICATION NUMBERVKY61562I203,ONE 2009 AUDI
S5
QUATRO COUPE,VIN WAURV78T89A03128925,ONE 2007 MERCEDES BENZ E350 4M AWD4DR, VIN WDBUF87X97X221582, andONE 2006 MERCEDES BENZ,VIN 4JGBB75E96A123438,Defendants in rem.
.J
IIIII
II
II
IIIII
I
II
I
IIIIII
I
II
I
I
I
II
I
IIII
II
III
I
III
VERIFIED COMPLAINTPlaintiff United States
of
America, by its attorney, Preet Bharara, United States Attorneyfor the Southern District
of
New York, for its Complaint alleges, upon information and belief, asfollows:
 
I.
JURISDICTION AND VENUE
1.
This action
is
brought by the United States
of
America pursuant to
18
§§
981(a)(1)(C) and 981(a)(1)(A) seeking the forfeiture
of
all right, title and interest in thefollowing property:ONE 2003 VIKING 61' CONVERTIBLE MOTOR YACHTKNOWN AS DOROTHY JO, HULL IDENTIFICATION
NUMBER
VKY61562I203 (the "Dorothy Jo"),ONE 2009 AUDI
S5
QUATRO COUPE, VINWAURV78T89A03128925 (the "Audi"),ONE 2007 MERCEDES BENZ E350 4M AWD 4DR, VINWDBUF87X97X221582 (the "2007 Mercedes"), andONE 2006 MERCEDES BENZ, VIN 4JGBB75E96A 123438 (the2006 Mercedes"),(hereinafter collectively referred to as the "Defendants in rem").
2.
This Court has jurisdiction over this action pursuant to 28
U.S.c.
§§
1345 and1355(a).3. Venue is proper pursuant to 28
U.S.c.
§ 1355(b)(1)(A) because acts andomissions
gi
ving rise to the forfeiture took place in the Southern District
of
New
York.
4.
The Dorothy Jo is located in the Southern District
of
Florida under the custodyand control
of
the United States Marshals Service ("USMS"), following execution
of
a seizurewarrant issued by the Honorable Theodore
H.
Katz, United States Magistrate Judge for theSouthern District
of
New
York, on or about April 29, 2009, pursuant to
18
U.S.c.
§§
981
(a)(1)(A) and
(C).
2
 
9.
At all times relevant to this Verified Complaint, Bernard
L.
Madoff
("Madoff')
was the founder
ofBLMIS,
and served as its sole member and principal. In that capacity, Madoffcontrolled the business activities
of
BLMIS. Madoff also owned the majority
of
the votingshares and served as the Chairman
of
the Board
of
Directors
of
Madoff Securities InternationalLtd. ("MSIL"), a corporation incorporated in the United Kingdom and an affiliate
ofBLMIS,
andserved
as
the Chairman
ofMSIL's
Board
of
Directors. Madoffalso served on the Board
of
Directors
of
the National Association
of
Securities Dealers Automated Quotations("NASDAQ"), and for a period served as the non-executive Chairman
of
NASDAQ. (lnf.
~ ~
 
2-3).
10.
On March
12,
2009, in connection with the execution
of
a massive Ponzi schemethrough BLMIS, Madoff pleaded guilty to securities fraud, investment adviser fraud, mail fraud,wire fraud, two counts
of
international money laundering, money laundering, false statements,perjury, false filings with the SEC, and theft from an employee benefit plan. Among otherthings,
Madoff
admitted that despite his promises to clients and prospective clients that he wouldinvest their money in shares
of
common stock, options, and other securities
of
well knowncorporations, he in fact never invested those clients' funds in the securities as he had promised.(lnf.
~
 
3).
11.
On June 29, 2009, the Honorable Denny Chin sentenced
Madoffto
150 years'imprisonment, criminal forfeiture in the form
of
money judgments totaling $170,799,000,000,and forfeiture
of
specific property.
12.
DIPASCALI was employed at BLMIS between on or about September
11,
1975and on or about December 11,2008, the day that
Madoffwas
arrested. During his employment
4
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