Opinion
Case No. 2:14-cv-01075-APG-VCF
04-04-2016
United States of America, Plaintiff, v. Peter B. Lazare, Individually, and as Trustee of the Jon J. Edelman Trust; Ian Williams, as Trustee of The Aurora Borealis Trust; Premier Trust, Inc., as Trustee of the Aurora Borealis Trust, Defendants.
FINAL JUDGMENT
On March 4, 2016, the Court entered an Order (Dkt.# 61) (1) Granting in Part and Denying in Part Plaintiff's Motion for Summary Judgment, (2) Granting Lazare's Motion for Summary Judgment on Count II, (3) Granting in Part and Denying in Part Defendants' Countermotion for Summary Judgment, and (4) Denying Lazare's Motion for Leave to File.
IT IS THEREFORE ORDERED AND ADJUDGED:
1. that the transfer by Peter B. Lazare, the Trustee of the Edelman Trust a/k/a the Jon. J. Edelman Trust, of the Edelman Trust's beneficial interest in the Estate of Mildred Ash (i.e., the income stream from the Estate's ownership of real property in Las Vegas, Nevada) to the Aurora Borealis Trust in late October 2013 was a fraudulent transfer under Nevada law, that the transfer was and is fraudulent and of no effect as to the claims of the United States, and that the fraudulent transfer is hereby set aside (Court I);
2. that Peter B. Lazare is not personally liable under 31 U.S.C. § 3713 to the United States (Court II).
3. that, subject to the automatic stay provided by Fed. R. Civ. Pro. 62(a) and any subsequent stay imposed by order of this Court, the Clerk of this Court shall disburse $1,572,718 (plus accrued interest) deposited by Ian Williams, the Family Trustee and Independent Trustee of the Aurora Borealis Trust, in the registry of the Court (Notice of Deposit of Funds (Dkt.# 51) and the Certificate of Cash Deposit (Dkt.#52) filed on July 23, 2015), to the United States of America, by making a check payable to the "U.S. Department of Justice" and mailing to:
U.S. Department of Justice
Attn: Waymon G. DuBose, Jr.
Curtis C. Smith
Trial Attorneys, Tax Division
717 N. Harwood Street, Suite 400
Dallas, Texas 75201
4. that the parties shall bear their respective costs, including any possible attorneys' fees or other expenses of litigation.
DATED this 4th day of April, 2016.
/s/_________
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE