UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 1:20-CV-22427-MGC

UNITED STATES OF AMERICA,

Plaintiff,

vs. 

REAL PROPERTY LOCATED AT

900 BISCAYNE BLVD UNIT #6107, 

MIAMI, FLORIDA 33132, 

Defendant In Rem.

/ 

STIPULATION AND SETTLEMENT AGREEMENT

The United States of America (the “United States”), by and through the undersigned 

attorneys, and Nathalie Bumba-Pembe (“Claimant”), with undersigned counsel, (collectively, the 

“Parties”), hereby stipulate and agree as follows: 

1. The Parties agree to resolve this matter consistent with the sound policy favoring

settlement of legal disputes without resort to unnecessary litigation. 

2. The Court has jurisdiction over the Parties, the defendant in rem, and the subject

matter of this Stipulation and Settlement Agreement (the “Agreement”). 

3. The Agreement is subject to approval by the Court, and a violation of any term or

condition shall be construed as a violation of an order of the Court. 

4. On June 12, 2020, the United States filed a Verified Complaint for Forfeiture in

Rem (the “Complaint”) against Real Property Located at 900 Biscayne Blvd Unit #6107, Miami, 

Florida 33132 (“Defendant Property”). See Compl., ECF No. 1. On June 23, 2020, the Complaint 

was duly posted on the door of the Defendant Property. ECF No. 4. Notice of Civil Forfeiture 

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was posted on an official government internet site (www.forfeiture.gov) for at least 30 consecutive 

days as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime 

Claims and Asset Forfeiture Actions. ECF No. 27. 

5. On August 28, 2020, Claimant filed a Verified Claim and Statement of Interest as

the sole titleholder of the Defendant Property, ECF No. 9, and on September 18, 2020, filed an 

Answer and Affirmative Defenses, ECF No. 12. 

6. On October 22, 2020, the Parties filed an Agreed Motion to Authorize Interlocutory

Sale of the Defendant Property, ECF No. 13, in which the Parties agreed that the net proceeds of 

the sale of the Defendant Property (“Net Proceeds”), to include any refund of taxes paid in 

connection with the sale, would be substituted as the res in this civil forfeiture action. The Court 

entered an order granting the motion on the same day, ECF No. 14. 

7. Per the Court’s order, the Defendant Property was sold and, on November 2, 2020,

the Net Proceeds were transferred to HSI and the IRS1

. 

8. This Agreement does not constitute an admission of guilt, fault, liability, and/or any

form of wrongdoing on the part of Claimant. Similarly, this Agreement does not constitute an 

admission by the United States that it lacked probable cause to file the Complaint. 

9. This Agreement resolves Claimant’s claim to the Defendant Property and the Net

Proceeds. The Parties accept this Agreement as final and binding as to all issues between the 

United States and Claimant as to the Defendant Property and the Net Proceeds. 

10. Claimant agrees, in her individual capacity and in any other capacity, to forfeit to

1 The funds transferred to the IRS represent “those withheld under the Foreign Investment in 

Real Property Tax Act (‘FIRPTA’),” which Claimant agreed, if they were “later released or 

refunded . . . shall be remitted to the United States and shall become a part of the net proceeds 

and the substitute res.” Aff. of Nathalie Bumba-Pembe, ECF No. 13-1. 

Case 1:20-cv-22427-MGC Document 28-1 Entered on FLSD Docket 08/02/2021 Page 2 of 4
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the United States all right, title, and interest in the Net Proceeds, to include any refunds of taxes or 

other payments due in connection with the sale of the Defendant Property, plus any accrued 

interest, with the exception of $250,000.00 (the “Released Property”). 

11. The United States agrees to remit the Released Property to Claimant after the Court

enters a Judgment of Forfeiture as to the remaining Net Proceeds. 

12. Claimant, including her representatives, agents, heirs, relatives, and assigns, hereby

withdraw all claims and waives any answer and defense that Claimant has or might have against 

the United States and all agents, officers, employees, and contractors thereof (hereinafter the 

“Released Parties”), relating to the investigation, seizure, and forfeiture of the Defendant Property 

or the Net Proceeds, including but not limited to any claim for lost profits, lost interest, or excessive 

fines under the Eighth Amendment of the United States Constitution. 

13. Claimant agrees to release and hold harmless the Released Parties from all claims

that currently exist or that may arise as a result of the United States’ actions against and relating 

to the Defendant Property or the Net Proceeds. 

14. If any other person or entity makes a claim to the remaining Net Proceeds and such

claim necessitates any further administrative or judicial forfeiture action regarding the remaining 

Net Proceeds, Claimant agrees to cooperate fully with the United States in any such administrative 

or judicial forfeiture proceedings. 

15. Claimant acknowledges that the Debt Collection Improvement Act of 1996, as

codified at 31 U.S.C. § 3716 and administered through the Treasury Offset Program (“TOP”), 

requires the United States Treasury to offset federal payments to collect certain delinquent debts 

owed by a payee to the United States, a United States agency, or a state. Accordingly, Claimant 

acknowledges that the amount of the Released Property may be reduced by the amount of any such 

Case 1:20-cv-22427-MGC Document 28-1 Entered on FLSD Docket 08/02/2021 Page 3 of 4
delinquent debt that the United States Treasury is required to collect through TOP. 

16. The undersigned counsel for Claimant hereby represents she has reviewed and

discussed the Agreement with Claimant and has advised her that the terms of the Agreement are 

in her best interest. 

17. Each of the Parties agrees to bear its own costs and attorney's fees.

18. Claimant has read and fully understands each provision of the Agreement and has

freely and voluntarily signed the Agreement. 

19. The Agreement may be executed in one or more counterparts, each of which when

executed and delivered shall be an original, and all of which when executed shall constitute one 

and the same instrument. 

20. The Agreement contains the entire agreement between the Parties.

FOR CLAIMANT: 

Nathalie Bumba-Pembe DATE 

CL��T ?P/ o+ /2d2.j 

-

Evelyn B. Sheehan 

Kobre&Kim 

COUNSEL FOR CLAIMANT 

DATE 

FOR THE UNITED STATES OF AMERICA: 

JUAN ANTONIO GONZALEZ 

ACTING UNITED STA TES ATTORNEY 

SOUTHERN DISTRICT OF FLORIDA 

BY: ----------------

Adrienne E. Rosen 

Assistant United States Attorney 

DEBORAH CONNOR 

CHIEF 

MONEY LAUNDERING & 

ASSET RECOVERY SECTION 

DATE 

BY: ______________ _ 

4 

Shai D. Bronshtein 

Trial Attorney 

DATE 

s/ Evelyn Baltodano-Sheehan 08/02/2021

8/2/2021

08/02/2021

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