United States of America Seeks Dismissal of Trustee R. Kenneth Barnard’s $1.5 Million Complaint; Alleges Court Lacks Jurisdiction To Adjudicate Claims To Forfeited Property
February 7, 2022, Eastern District of New York – Defendants United States of America & United States Attorney for the Southern District of New York file a notice of motion to dismiss Trustee R. Kenneth Barnard’s $1.5 million complaint in the bankruptcy case of Gregory N. Altieri d/b/a LNA Associates Ltd.
The notice of motion states that the Defendants will move before the Honorable Robert E. Grossman, United States Bankruptcy Judge, on April 4, 2022, at 9:30 a.m., for an order dismissing Trustee’s $1.5 million action pursuant to Federal Rule of Bankruptcy Procedure 7012(b), Federal Rule of Civil Procedure 12(b)(1).
The Defendants argue that Barnard’s claims are allegedly premature, jurisdictionally barred and should be allegedly dismissed. The Defendants allege that an ancillary proceeding conducted pursuant to 21 USC 853(n) is the exclusive remedy for all third parties, including the Trustee, to assert and establish their legal right, title, or interest in the property at issue in the case. The Defendants argue that the property at issue was allegedly a subject of a preliminary order of forfeiture entered on March 17, 2021, by the Honorable Nicholas G. Garaufis in United States v. Smookler, 20 Cr. 306 (NGG). Accordingly, the Defendants contend that the Court lacks jurisdiction to adjudicate the claims to the forfeited property at issue in this case.
In re: GREGORY N. ALTIERI d/b/a LNA ASSOCIATES LTD, Adv. Pro. No.: 20-8168 (REG)