UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK gid = Sis = SS GW ee Ee oe ee ee ee OE UNITED STATES OF AMERICA STIPULATION AND ORDER OF : VOLUNTARY DISMISSAL - Vv. - 13 Civ. 3028 (WHP) ALL RIGHT, TITLE, AND INTEREST IN THE ASSETS OF CARTAGENA : INTERNATIONAL, INC.; ETC INVESTMENT(S) S.A.; H.A.S. INVESTMENT GROUP 5S.A.; CASTILLA HOLDINGS §.A.; and HYSEVEN S.A.; ; INCLUDING BUT NOT LIMITED TO THE FUNDS IN THE ACCOUNTS LISTED IN : SCHEDULE A; ALL RIGHT, TITLE, AND INTEREST IN THE FUNDS LISTED IN SCHEDULE B; and: ALL RIGHT TITLE AND INTEREST IN : THE REAL PROPERTY AND APPURTENANCES LISTED IN SCHEDULE C; TOGETHER WITH ALL IMPROVEMENTS AND ; APPURTENANCES THERETO, Defendants-in-rem. = bee SS SE ee ee ee - ee eee ee ee | OK WHEREAS, on or about May 6, 2013, a verified complaint, 13 Civ. 3028 (WHP) (the “Complaint”) was filed in the United States District Court for the Southern District of New York, pursuant to Title 18, United States Code, Sections (a)(1)(A) and 981(a)(1)(C), seeking the forfeiture of the Defendants-in-rem (Docket Entry No. 5); WHEREAS, on or about May 13, 2013, notice of the Complaint was sent by certified mail, return receipt requested, to the following individuals notifying them that they (or

their clients) may have an interest in this action and of their right to file a claim and answer and to contest the forfeiture of the Defendants-in-rem listed in the Complaint: Tomas Alberto Clarke Bethancourt Maria De Los Angeles Gonzalez de Hernandez □ c/o Henry P. Bell, Esq. c/o Jane W. Moscowitz, Esq. - Henry P. Bell, P.A. Moscowitz & Moscowitz, P.A. Miami, Florida Miami, Florida Jose Alejandro Hurtado Haydee L. Pabon Miami, Florida Miami, Florida Jose Alejandro Hurtado c/o Frank A. Rubino, Esq. Miami, Florida (the “Noticed Parties”) WHEREAS, on or about May 21, 2013, notice of the Complaint was sent by certified mail, return receipt requested, to Jorge Hernandez in Aventura, Florida, notifying him that he may have an interest in this action and of his right to file a claim and answer and to contest the forfeiture of the Defendants-/n-rem listed in the Complaint; WHEREAS, on or about June 19, 2013, notice of the Complaint was sent by certified mail, return receipt requested, to Ernesto Lujan, c/o Michael Q. English, Esq., at Finn Dixon & Herling LLP, in Stamford, Connecticut, notifying his client may have an interest in this action and of his right to file a claim and answer and to contest the forfeiture of the Defendants- in-rem listed in the Complaint; WHEREAS, on or about July 2, 2013, notice of the Complaint was sent by electronic communication, to the individual identified as CC-1 in the Complaint notifying CC-i that CC-1 may have an interest in this action and of CC-1’s right to file a claim and answer and to contest the forfeiture of the Defendants-iv-rem listed in the Complaint; WHEREAS, the Noticed Parties are the only individuals known by plaintiff United States of America to have a potential interest in the Defendants-in-rem;

WHEREAS, beginning on June 13, 2013, and for thirty consecutive days thereafter, - pursuant to Rule G(4)(a) of the Supplemental Rules for Certain Admiralty and Maritime Claims and Asset Forfeiture Actions, the plaintiff United States of America posted notice of the Complaint against the Defendants-in-rem on www.forfeiture.gov, the government internet site, and proof of publication was filed with the Clerk of the Court on July 30, 2013 (Docket Entry No. 37); WHEREAS, on or about July 16, 2013, Jose Alejandro Hurtado filed a Claim asserting an interest in 16171 Blatt Boulevard., Unit Number 404, Weston, Florida 33326 (the “Blatt Boulevard Property”) (Docket Entry No. 25); WHEREAS, on or about July 16, 2013, Jose Alejandro Hurtado on behalf of HAS Icon Realty, LLC filed a Claim asserting an interest in 495 Brickell Avenue, Unit Number 1706, Miami, Florida 33131 (the “Brickell Avenue Property”) (Docket Entry No. 26), WHEREAS, on or about July 16, 2013, Jose Alejandro Hurtado on behalf of SHA The Point LLC filed a Claim asserting an interest in

Avenue, Unit Number 1601, Aventura, Florida 33180 (the “37" Avenue Property”) (Docket Entry No. 27); WHEREAS, on or about July 16, 2013, Haydee Pabon filed a Claim asserting an interest in 848 Brickell Key Drive, Apartment Number 4405, Miami, Florida 33131 (the “Brickell Key Drive Property”) (Docket Entry No. 28); WHEREAS, on or about July 16, 2013, Jorge Hernandez Gonzalez filed a Claim asserting an interest in the assets of Cartagena International, Inc., the Cartagena Accounts listed in Schedule A of the Complaint (collectively the “Cartagena Assets”) and $509,250 in assets held in Account No. 707-3860 at Bank Hapoalim (Switzerland), held in the name of Jorge Hernandez Gonzalez listed in Schedule B of the Complaint (the “3860 Account”) (Docket Entry No, 29);

WHEREAS, on or about July 17, 2013, ETC Investments, S.A. filed a Claim asserting an interest in certain assets of ETC Investments, S.A., namely funds in Account No. 506712 at Mirabaud & Cie in Switzerland, held in the name of ETC Investment(s) S.A. (collectively, the “ETC Assets”) (Docket Entry No, 31); WHEREAS, on or about July 17, 2013, Tomas Clarke filed a Claim asserting an interest in the ETC Assets (Docket Entry No. 32); WHEREAS, on or about August 1, 2013, Maria de los Angeles Gonzalez de Hernandez filed a Claim asserting an interest in the Cartagena Assets (Docket Entry No. 38); WHEREAS, on or about August 1, 2013, Jorge Hernandez Gonzalez on behalf of Cartagena International, Inc. filed a Claim asserting an interest in the Cartagena Assets (Docket Entry No. 39); WHEREAS, on or about August 5, 2013, Jorge Hernandez Gonzalez filed an Answer to the Complaint (Docket Entry No. 40); WHEREAS, on or about August 28, 2013, Ernesto Lujan on behalf of Castilla Holdings, S.A. filed a Ciaim asserting an interest in the assets of Castilla Holdings, 5.A. and the Castilla Account listed in Schedule A of the Complaint (collectively, the “Castilla Assets”) (Docket Entry No. 50); WHEREAS, on or about August 28, 2013, Ernesto Lujan filed a Claim asserting an interest in the Castilla Assets (Docket Entry No, 51); WHEREAS, on or about September 11, 2013, Jose Alejandro Hurtado filed an Answer to the Complaint (Docket Entry No. 60); WHEREAS, on or about September 11, 2013, Haydee Pabon filed an Answer to the Complaint (Docket Entry No. 61);

WHEREAS, on or about September 11, 2013, Jose Alejandro Hurtado on behalf of SHA The Point LLC filed an Answer to the Complaint (Docket Entry No. 62); WHEREAS, on or about September 11, 2013, Jose Alejandro Hurtado on behalf of HAS Icon Realty LLC filed an Answer to the Complaint (Docket Entry No. 63); WHEREAS, on or about September 13, 2013, the Court entered an Order staying this in rem civil action until further order of the Court, pursuant to Title

(g)(1) (Docket Entry No. 68); WHEREAS, on or about August 29, 2013, Tomas Alberto Clarke Bethancourt was charged in a six-count Information, 13 Cr. 670 (DLC), with conspiracy to violate the Foreign Corrupt Practices Act, to violate the Travel Act, and to commit money laundering, in violation of Title

(Count One); violating the Foreign Corrupt Practices Act, in violation of Title 15, United States Code, Section 78dd-2(a)(1) and Title

(Count Two); violating the Travel Act, in violation of Title

and 2 (Count Three); money laundering, in violation of Title

(a)(2)(A) and 2 (Count Four); conspiracy to obstruct justice, in violation of Title

(Count Five); and conspiracy to violate the Foreign Corcupt Practices Act, in violation of Title

(Count Six) (the “Bethancourt Criminal Action”); WHEREAS, on or about December 8, 2015, the Court entered a Consent Preliminary Order of Forfeiture as to Specific Properties/Money Judgment and on or about March 16, 2016, the Court entered a Final Order of Forfeiture in the Bethancourt Criminal Action resolving any claims to the ETC Assets;

WHEREAS, on or about November 18, 2013, Maria de los Angeles Gonzalez de Hernandez was charged in a five-count Information, 13 Cr. 901 (DLC), with conspiracy to violate the Travel Act and to commit money laundering, in violation of Title

(Count One); violating the Travel Act, in violation of Title

and 2 (Counts Two and Four); and money laundering, in violation of Title

(a)(2)(A) and 2 (Counts Three and Five) (the “Hernandez Criminal Action”); WHEREAS, on or about January 19, 2016, the Court entered a Consent Preliminary Order of Forfeiture as to Specific Properties/Money Judgment and on or about April 1, 2016, the Court entered a Final Order of Forfeiture in the Hernandez Criminal Action resolving any claims to the Cartagena Assets and the 3860 Account; WHEREAS, on or about August 30, 2013, Jose Alejandro Hurtado was charged in a six-count Information, 13 Cr. 673 (DLC), with conspiracy to violate the Foreign Corrupt Practices Act, to violate the Travel Act, and to commit money laundering, in violation of Title

(Count One); violating the Foreign Corrupt Practices Act, in violation of Title 15, United States Code, Section 78dd-2(a)(1) and Title

(Count Two); violating the Travel Act, in violation of Title

and 2 (Count Three); money laundering, in violation of Title

(a)(2)(A) and 2 (Count Four); conspiracy to obstruct justice, in violation of Title

(Count Five); and conspiracy to violate the Foreign Corrupt Practices Act, in violation of Title

(Count Six) (the “Hurtado Criminal Action’);

WHEREAS, on or about December 15, 2015, the Court entered a Consent Preliminary Order of Forfeiture as to Specific Properties/Money Judgment and on or about March 21, 2016, the Court entered a Final Order of Forfeiture in the Hurtado Criminal Action resolving any claims to the Blatt Boulevard Property, the Brickell Key Drive Property, the Brickell Avenue Property and the 37" Avenue Property; WHEREAS, on or about August 29, 2013, Ernesto Lujan was charged in a six- count Information, 13 Cr. 671 (DLC), with conspiracy to violate the Foreign Corrupt Practices Act, to violate the Travel Act, and to commit money laundering, in violation of Title

(Count One); violation of the Foreign Corrupt Practices Act, in violation of Title 15, United States Code, Section 78dd-2(a)(1) and Title

(Count Two); violation of the Travel Act, in violation of Title

and 2 (Count Three); money laundering, in violation of Title

(a)(2)(A) and 2 (Count Four); conspiracy to obstruct justice, in violation of Title

(Count Five); and conspiracy to violate the Foreign Corrupt Practices Act, in violation of Title

(Count Six) (the “Lujan Criminal Action”); WHEREAS, on or about December 7, 2015, the Court entered a Consent Preliminary Order of Forfeiture as to Specific Property/Money Judgment and on or about February 10, 2016, the Court entered a Final Order of Forfeiture in the Lujan Criminal Action resolving any claims to the Castilla Assets; and WLEREAS, the forfeiture of the Cartagena Assets, the 3860 Account, the ETC Assets, the Blatt Boulevard Property, the Brickell Key Drive Property, the Brickell Avenue Property, the 37" Avenue Property and the Castilla Assets (collectively, the “Subject Assets”)

have been fully litigated in the various criminal actions described above, the Government has decided not to pursue this i7 rem civil action as to the Subject Assets and as such this i# rem civil action should be dismissed without prejudice and without costs to either party; IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by its attorney Geoffrey Berman, United States Attorney, Assistant United States Attorney Jason H. Cowley, of counsel, Maria de los Angeles Gonzalez de Hernandez, and her counsel, Jane W. Moscowitz, Esq. and Norman A. Moscowitz, Esq., Jorge Hernandez Gonzalez, and his counsel, Andres Rivero, Esq., Cartagena International, Inc., and their counsel, Jane W. Moscowitz, Esq. and Norman A. Moscowitz, Esq., Ernesto Lujan, and his counsel, Alfred U. Pavlis, Esq. and Michael English, Esq., Castilla Holdings, S.A., and their counsel, Alfred U. Pavlis, Esq. and Michael English, Esq., Jose Alejandro Hurtado, and his counsel, Frank A. Rubino, Esq., HAS Icon Realty, LLC, and their counsel, Frank A. Rubino, Esq., SHA The Point LLC, and their counsel, Frank A. Rubino, Esq., Haydee Pabon, and her counsel Frank A. Rubino, Esq., Tomas Alberto Clarke Bethancourt, and his counsel Henry P. Bell, Esg., ETC Investments, S.A., and their counsel, Henry P. Bell, Esq., that: I This in rem civil action as to the Subject Assets is dismissed without prejudice and without costs to either party. 2. Maria de los Angeles Gonzalez de Hernandez, Jorge Hernandez Gonzalez, Cartagena International, Inc., Ernesto Lujan, Castilla Holdings, S.A., Jose Alejandro Hurtado, HAS Icon Realty, LLC, SHA The Point LLC, Haydee Pabon, Tomas Alberto Clarke Bethancourt, and ETC Investments, §.A. (collectively, the “Claimants’’) are hereby barred from asserting, or assisting others in asserting, any claim against the United States of America (the “USA”), the Department of Justice (the “DOJ”), the United States Attorney's Office for the Southern District

of New York (the “USAO-SDNY”), the Federal Bureau of Investigation (the “FBI”), or any agents and employees of the USA, the DOJ, the SDNY-USAO or the FBI, in connection with or arising out of the seizure, restraint, and/or constructive possession of the Subject Assets, including, but not limited to, any claim that there was no probable cause to seize and/or forfeit such property, that Claimants are a prevailing party, or that Claimants are entitled to attorneys’ fees or any award of interest, 3. Claimants hereby agree to waive all rights to appeal or otherwise challenge or contest the validity of this Stipulation and Order of Voluntary Dismissal. 4. Each party shall bear its own costs and attorney’s fees. 5. This Court shall have exclusive jurisdiction over the interpretation and enforcement of this Stipulation and Order of Voluntary Dismissal. 6. This Stipulation and Order of Voluntary Dismissal may be executed in one or more counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. Signature pages may be transmitted by fax or by electronic file in PDF format, and such signatures shall be deemed equivalent to valid originais.

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bj tg i i | ! 7, The Cterk of the Court shall forward three certified copies of this Stipulation, and Order of Voluntary Dismissal to Assistant United States Attorney Jason H, Cowley, United! pias Attorney's Office, One St. Andrews Plaza, New York, New York 10007, L. AGREED AND CONSENTED TO: ij BEOFRREY S, BERMAN United States Attorney for the _ Southern District of New York Attorney for Plaintiff

| i JASON.H. COWLEY 2° DATE 1 | A sein United States Attorney i | One St. Andrew’s Plaza | New York, New York 10007 □ | DANIBL KAHN Senior Deputy Chief, Fraud Section |) Criminal Division | MARIA DE LOS ANG ELBSGONZALBZ DE HERNANDEZ Af : | Z ax _ eagad Ar _ dsfz [zig we A DI-LOS ANGELES/GONZALEZ DA |) DE HERNANDEZ □□ . . ax | Chane. K/Munenel, sg fat fearg | | | JANEW. MOSCOWITZ, ESO. DAT. NORMAN A. MOSCOWITZ, ESQ. || Attomeys for Maria de los Angeles Gonzalzez de Hernandez | Mosctowitz & Moscowitz P.A. : 201 Alhambra Circle, Suite 1200 | | Coral Gables, Florida 33134 | □□ | [ADDITIONAL SIGNATURES ON THE FOLLOWING PAGES] | | 10

| JORGE HERNANDEZ GONZAL 7 i ee a oe we By: 4 Zs □□ _8/ 41/2 Org | JORGE HERNANDEZ GONZALEZ DATE

| by 8 feeléol4d — □□ ANDRES RIVERO, ESQ, DATE | Attomey for Jorge Hernandez Gonzalez | Rivero Mestre LLP 2525 Ponce de Leon Boulevard, Suite 1000 | : Miami, Florida 33134 | CARTAGENA INTERNA PIONAL, INC. By: ‘ a [| FOF MARIA DE LOS ANGELBS GONZALEZ DATE + HERMANDEZ, on A chalf of Cartagena by mernatidnal, Ine, | ve of ee } : ry + . By: CA han &Lal hearg ‘JORGE Hpk 'NANDEZ GONZALEZ, on DATE behalf of arlagena International, Inc. By: 5/2) Zo] 7 JANE W. MOSCOWITZ, ESQ. ye DATE | NQRMAN A, MOSCOWITZ, ESQ. Attorneys for Cartagena Intemational, Inc. Moscowitz & Moscowitz P.A. 201 Alhambra Circle, Suite 1200 Coral Gables, Florida 33134

[ADDITIONAL SIGNATURES ON THE FOLLOWING PAGES]

□

| il :

ERNESTO LUJAN

By: ERNESTO LUJAN DATE

By: L ZA an f-—, 28 fis ALFRED U. PAVLIS, ESQ, DATE MICHAEL ENGLISH, ESQ. Attorney for Ernesto Lujan Finn Dixon & Herling LLP 6 Landmark Square Stamford, CT 06901 CASTILLA HOLDINGS, S.A.

By: . ERNESTO LUJAN, on behalf of DATE Castilla Holdings, $.A.

By: ¢ ZA Le fe F/29 [17 ALFRED U. PAVLIS, ESQ. DATE MICHAEL ENGLISH, ESQ. Attorney for Castilla Holdings, S.A. Finn Dixon & Herling LLP 6 Landmark Square Stamford, CT 06901

[ADDITIONAL SIGNATURES ON THE FOLLOWING PAGES]

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By ee Ree AN □□

pee ALERED U0. PAVLIS, ESQ. DATE peg MICHAEL ENGLISH, ESQ. OO Attomey for Emesto Lujan OUEST Ss Fian Dixon é& Herling LLP ES □□ Se Cron Rd Stamford, CT 06901 Se CASTILLA HOLDINGS, S.A. ee By: aly GD wey □□ ERNESTO LUJAN, on behalf of DATE: * □□□ Castilla Holdings, S.A. □□ By □ ALFRED U. PAVLIS, ESQ. DATE □□ MICHAEL ENGLISH, ESQ. of F Attorney for Castilla Holdings, S.A. □□ Finn Dixon & Herling LLP □□ 6 Landmark Square □□ Staraford, CT 06901 □□

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po ee . de □□ Pes RES □□ JS □ □□□ Ee 12 2 Se al

JOSE ALEJANDROAIURTADO

Bf: COLL J o/oa/9 JOSE ALEJANDRO HURTADO 42 DATE LIAN ir by ee tiafe FRANK A. RUBINO, ESQ. DATE Altorney for Jose Alejandro Hurtado Frank A. Rubino, tsq., P.A. 550 Biltmore Way, Suite 780 Coral Gables, Florida 33134 HAS ICON REALFPY, LLC <g> foal Bb / a o2/O3//9 ~TOSE ALEJANDRO HURTADO, of DATE behalf of HAS Icon Realty, LLC

0 ee OLE FRANK A. RUBINO, ESQ. DATE Attorney for HAS Icon Realty, LLC Frank A. Rubino, Esq., P.A. 550 Biltmore Way, Suite 780 Coral Gables, Florida 33134 SHA THE POINT Lec of ole Ge J Dn ak 3/19 JOSE-ALEJIANDRE HURTADO. o1 DATE behalf of SHA The Point LLC Oye L0LLE FRANK A. RUBINO, ESQ. DATE Altorney for SHA The Point LLC Frank A. Rubino, Esq., PLA. 550 Biltmore Way, Suite 780 Coral Gables, Florida 33134

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HAYDEE PABON

By: 4-03-2014 HAY PABO!I DATE

By; ee Ze F FRANK A, RUBINO, ESO, DATE Attorney for Haydee Pabon Frank A, Rubino, Esq., PLA. 550 Biltmore Way, Suite 780 Coral Gables, Florida 33134

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TOMAS ALBERTO CLARKE BETHANCOURT ae By: ea Sf ? Ol TOMAS ALBERTO CLARKE BETHANCOURT DATE ‘ mei b> i i ees goed = HENRY P| BELL, ESQ. DATE Attorney for Tomas Alberto Clarke Bethancourt Bell Rosquete Reyes 999 Ponce de Leon Boulevard. Suite 1120 PH Coral Gables, FL 33134 ETC INVESTMENTS, §.A. Yee, BY TomnC □□□ cae BET “er ‘7 TOMAG’ALBERTO CLARKE BETHANCOURT, DATE on behalf of ETC Investments, S.A. A_sP sro WD By: O71 O35 IG HENRY P. BELL, ESQ. DATE Attorney for ETC Investments, 8.A. Bell Rosquete Reyes 999 Ponce de Leon Boulevard. Suite 1120 PH Coral Gables, FL 33134

SO ORDERED:

‘ HONORABLE WILLIAM H,. PAUL If DAT UNITED STATES DISTRICT JUDGE

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