Case 2:20-cv-05910 Document 1 Filed 07/01/20 Page 1 of 280 Page ID #:1 1 DEBORAH CONNOR, Chief Money Laundering and Asset Forfeiture Section (MLARS) 2 MARY BUTLER, Chief, International Unit WOO S. LEE, Deputy Chief, International Unit 3 BARBARA Y. LEVY, Trial Attorney JOSHUA L. SOHN, Trial Attorney 4 JONATHAN BAUM, Trial Attorney Criminal Division 5 United States Department of Justice 1400 New York Avenue, N.W., 10th Floor 6 Washington, D.C. 20530 Telephone: (202) 514-1263 7 Email: [email protected] 8 Attorneys for Plaintiff 9 UNITED STATES OF AMERICA 10 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 13 UNITED STATES OF AMERICA, No. CV 20-5910 14 Plaintiff, VERIFIED COMPLAINT FOR 15 v. FORFEITURE IN REM 16 ONE DRAWING ENTITLED “SELF- [18 U.S.C. § 981(a)(1)(A) and (C)] 17 PORTRAIT” BY JEAN-MICHEL 18 BASQUIAT, [F.B.I.] 19 Defendant. 20 21 The United States of America (the “government”) brings this complaint against 22 the above-captioned asset and alleges as follows: 23 PERSONS AND ENTITIES 24 1. The plaintiff is the United States of America. 25 2. The defendant in this action is One Drawing entitled “Self-Portrait” by 26 Jean-Michel Basquiat more particularly described in Attachment A (“DEFENDANT 27 ASSET”). 28 Case 2:20-cv-05910 Document 1 Filed 07/01/20 Page 2 of 280 Page ID #:2 1 3. The DEFENDANT ASSET was previously owned by Christopher Joey 2 McFarland (“McFarland”), who agreed, through counsel, to surrender it to the 3 government, and executed a stipulation relinquishing all right, title, and interest in the 4 DEFENDANT ASSET in connection with case number CV 19-1327 DSF (PLAx), 5 United States v. Up To $28,174,145.52 in Huntington National Bank Escrow Account 6 Number ‘7196, et al. (Dkt. No. 44). No other persons or entities are believed by the 7 government to have any right or interest in the DEFENDANT ASSET. The 8 DEFENDANT ASSET is currently in the custody of the United States Marshals Service 9 in Pflugerville, Texas. 10 4. Contemporaneously with the filing of this complaint, plaintiff is filing 11 related actions seeking the civil forfeiture of the following assets (collectively, the 12 “NEW SUBJECT ASSETS”). 13 a. WARHOL PORTRAIT: One gold paint and silkscreen ink portrait 14 on canvas, entitled “Round Jackie” by Andy Warhol. 15 b. AVE RAPHAEL APARTMENT: Real property located in Paris, 16 France titled in the name of Ave Raphael (Paris) SCI, including all appurtenances, 17 improvements, and attachments thereon, as well as all leases, rents, and profits derived 18 therefrom. 19 c. CAMPBELL’S SOUP CAN AND VÉTHEUIL AU SOLEIL 20 PAINTINGS: One acrylic, spray paint, and silkscreen ink on linen painting entitled 21 “Colored Campbell’s Soup Can (Emerald Green), 1965” by Andy Warhol and one oil 22 on canvas painting entitled “Vétheuil au Soleil” by Claude Monet. 23 d. VASCO AND EAGLE STRATEGIC FUNDS: All funds on 24 deposit in account number ‘0610 held by Vasco Investments Services SA at Bank 25 Privée Edmond de Rothschild (“Bank Rothschild”) in Luxembourg, and all funds on 26 deposit in account number ‘1751 held by Eagle Strategic Investment Fund (B) at Bank 27 Rothschild in Luxembourg. 28 2 Case 2:20-cv-05910 Document 1 Filed 07/01/20 Page 3 of 280 Page ID #:3 1 e. RIVER DEE FUNDS: All funds and assets, including securities and 2 investments, on deposit in account numbers ‘6001 and ‘6001.1001 held by River Dee 3 International SA at Falcon Private Bank Limited ("Falcon Bank") in Switzerland. 4 5. Plaintiff has previously filed the following complaints, seeking civil 5 forfeiture of the following assets (referred collectively, together with the NEW 6 SUBJECT ASSETS, as the “SUBJECT ASSETS”): 7 a. Case number CV 16-5362 DSF (PLAx), United States v. The Wolf of 8 Wall Street Motion Picture, Including any Rights to Profits, Royalties and Distribution 9 Proceeds owed to Red Granite Pictures, Inc. or its Affiliates and/or Assigns (“THE 10 WOLF OF WALL STREET”). 11 b. Case number CV 16-5368 DSF (PLAx), United States v. The Real 12 Property Known as The Viceroy L’Ermitage Beverly Hills (“the L’ERMITAGE 13 PROPERTY”). 14 c. Case number CV 16-5369 DSF (PLAx) United States v. All Business 15 Assets of The Viceroy L’Ermitage Beverly Hills, Including All Chattels and Intangible 16 Assets, Inventory, Equipment, and All Leases, Rents and Profits Derived Therefrom 17 (“THE L’ERMITAGE BUSINESS ASSETS”). 18 d. Case number CV 16-5377 DSF (PLAx) United States v. Real 19 Property located in Beverly Hills, California (“HILLCREST PROPERTY 1”). 20 e. Case number CV 16-5371 DSF (PLAx) United States v. Real 21 Property Located in New York, New York (“PARK LAUREL CONDOMINIUM”). 22 f. Case number CV 16-5367 DSF (PLAx) United States v. One 23 Bombardier Global 5000 Jet Aircraft, Bearing Manufacturer’s Serial Number 9265 and 24 Registration Number N689WM, its Tools and Appurtenances, and Aircraft Logbooks 25 (“BOMBARDIER JET”). 26 g. Case number CV 16-5374 DSF (PLAx) United States v. Real 27 Property Located in New York, New York (“TIME WARNER PENTHOUSE”). 28 3 Case 2:20-cv-05910 Document 1 Filed 07/01/20 Page 4 of 280 Page ID #:4 1 h. Case number CV 16-5378 DSF (PLAx) United States v. Real 2 Property located in Los Angeles, California (“ORIOLE MANSION”). 3 i. Case number CV 16-5375 DSF (PLAx) United States v. Real 4 Property Located in New York, New York (“GREENE CONDOMINIUM”). 5 j. Case number CV 16-5364 DSF (PLAx) United States v. Any Rights 6 to Profits, Royalties and Distribution Proceeds Owned by or Owed to JW Nile (BVI) 7 Ltd., JCL Media (EMI Publishing Ltd), and/or Jynwel Capital Ltd, Relating to EMI 8 Music Publishing Group North America Holdings, Inc., and D.H. Publishing L.P., Inc. 9 and D.H. Publishing L.P. (“EMI ASSETS”). 10 k. Case number CV 16-5370 DSF (PLAx) United States v. All Right to 11 and Interest in Symphony CP (Park Lane) LLC, Held or Acquired, Directly or 12 Indirectly, by Symphony CP Investments LLC and/or Symphony CP Investments 13 Holdings LLC, Including Any Interest Held or Secured by the Real Property and 14 Appurtenances Located at 36 Central Park South, New York, New York, Known as The 15 Park Lane Hotel, Any Right to Collect and Receive Any Profits and Proceeds 16 Therefrom, and Any Interest Derived From the Proceeds Invested in The Symphony CP 17 (Park Lane) LLC by Symphony CP Investments LLC and Symphony CP (Park Lane) 18 LLC (“SYMPHONY CP (PARK LANE) LLC ASSETS”). 19 l. Case number CV 16-5376 DSF (PLAx) United States v. United States 20 v. Real Property Located in New York, New York (“WALKER TOWER 21 PENTHOUSE”). 22 m. Case number CV 16-5379 DSF (PLAx) United States v. Real 23 Property located in Beverly Hills, California (“LAUREL BEVERLY HILLS 24 MANSION”). 25 n. Case number CV 16-5366 DSF (PLAx) United States v. one pen and 26 ink drawing by Vincent Van Gogh titled “La maison de Vincent a Arles” (“VAN 27 GOGH ARTWORK”). 28 4 Case 2:20-cv-05910 Document 1 Filed 07/01/20 Page 5 of 280 Page ID #:5 1 o. Case number CV 16-5366 DSF (PLAx) United States v. One painting 2 by Claude Monet titled “Saint-Georges Majeur” (“SAINT GEORGES PAINTING”). 3 p. Case number CV 16-5366 DSF (PLAx) United States v. 4 €25,227,025.83 Euros held in an escrow account at UBS, S.A. in Switzerland 5 constituting the proceeds of the sale of a painting by Claude Monet titled “Nympheas” 6 (“PETITE NYPMHEAS PROCEEDS”). 7 q. Case number CV 16-5380 DSF (PLAx) United States v Real 8 Property in London, United Kingdom, owned by Qentas Holdings (“THE QENTAS 9 TOWNHOUSE”). 10 r. Case number CV 17-4240 DSF (PLAx) United States v. Real 11 Property in London, United Kingdom owned by Stratton Street (London) Ltd. (“THE 12 STRATTON PENTHOUSE”). 13 s. Case number CV 17-4242 DSF (PLAx) United States v. Real 14 Property in London, United Kingdom owned by Seven Stratton Street (London) Ltd. 15 (“STRATTON FLAT”). 16 t. Case number CV 17-4244 DSF (PLAx) United States v. Real 17 Property in London, United Kingdom owned by Eight Nine Stratton Street (London) 18 Ltd. (“STRATTON OFFICE BUILDING”). 19 u. Case number CV 17-4438 DSF (PLAx) United States v. Certain 20 rights To and Interests In The Viceroy Hotel Group. (“THE VICEROY HOTEL 21 GROUP ASSETS”). 22 v. Case number CV 17-4439 DSF (PLAx) United States v. All rights To 23 and Interests In The Motion Pictures “Daddy’s Home” and “Dumb and Dumber To,” 24 Belonging to red Granite Pictures. (“DUMB AND DUMBER TO RIGHTS” and 25 “DADDY’S HOME RIGHTS”). 26 w. Case number CV 17-4441 DSF (PLAx) United States v. All Right and 27 title to the Yacht M/Y Equanimity. (“THE EQUANIMITY”). 28 5 Case 2:20-cv-05910 Document 1 Filed 07/01/20 Page 6 of 280 Page ID #:6 1 x. Case number CV 17-4446 DSF (PLAx) United States v. Certain 2 Rights to and Interests in Shares of Series D Preferred Stock in Palantir Technologies 3 (“PALANTIR STOCK”). 4 y. Case number CV 17-4440 DSF (PLAx) United States v. One 5 Metropolis Poster (“METROPOLIS POSTER”). 6 z. Case number CV 17-4444 DSF (PLAx) United States v.