1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 1:22-cv-20238 

UNITED STATES OF AMERICA,

Plaintiff,

v. 

THE PROMISSORY NOTE WITH A PRINCIPAL

AMOUNT OF $5.7 MILLION EXECUTED ON

DECEMBER 19, 2019 BY 8787 RICCHI LLC

PAYABLE TO 87STE LENDING LLC, THE

RELATED DEED OF TRUST SECURING THE

NOTE RECORDED ON DECEMBER 23, 2019, AS

WELL AS ANY MODIFICATIONS THERETO, ANY

OTHER INDEBTEDNESS SECURED BY THE SAME

DEED OF TRUST, AND ALL RIGHTS AND

REMEDIES AVAILABLE UNDER BOTH THE

NOTE AND DEED OF TRUST, 

Defendant,

________________________________________________/

VERIFIED CLAIM OF URIEL LABER

Claimant Uriel Laber ́LaberμRU ́&ODLPDQWμE\DQGWKURXJKhis counsel of record, 

respectfully submits this Verified Claim in accordance with Rule G(5)(a)(i) of the Federal 

Rules of Civil Procedure, Supplemental Rules for Admiralty or Maritime Claims and Asset 

Forfeiture Actions. 

1. 87STE Lending, LLC,  ́87STE /HQGLQJμ), is the lender under the Promissory 

Note dated December 19, 2019, and retains a security interest in the Deed of Trust securing 

the Promissory NoteZKLFKWKH8QLWHG6WDWHVDOOHJHVLVWKH ́'HIHQGDQW$VVHWμ 1

1 Laber frames the Defendant Asset this way for ease of reference. But for avoidance of 

doubt, Laber asserts interests and rights in:

(i) the Promissory Note with a principal amount of $5.7 million executed on 

December 19, 2019 by 8787 Ricchi LLC payable to 87STE Lending LLC (the 

 ́3URPLVVRU\ 1RWHμ RU  ́1RWHμ LL WKH UHODWHG 'HHG RI 7UXVW 6HFXULW\

Case 1:20-cv-23278-DPG Document 104 Entered on FLSD Docket 03/03/2022 Page 1 of 6
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2. Optima Ventures, LLC,  ́2SWLPD9HQWXUHVμ, holds a 100% ownership and 

membership interest in 87STE Lending; Optima Ventures is 67(/HQGLQJ·VVROHPHPEHU

3. Optima Ventures also holds a 100% ownership and membership interest in 

2SWLPD6WHPPRQV//& ́2SWLPD6WHPPRQVμZKLFKLQ turn holds in trust:

the real property commonly known as 8777 and 8787 N. Stemmons Freeway, 

Dallas County, Texas . . . together with (i) all the buildings and other 

improvements now or hereafter located thereon; (ii) all materials, equipment, 

fixtures or other property whatsoever . . . and attached or affixed to or installed 

in said buildings and other improvements, including but not limited to, all 

heating, plumbing, lighting, water heating, cooking, laundry, refrigerating, 

incinerating, ventilating and air conditioning equipment, disposals, 

dishwashers, refrigerators and ranges, recreational equipment and apparatus, 

utility lines and equipment . . ., sprinkler systems, fire extinguishing apparatus 

and equipment, water tanks, swimming pools, engines, machines, elevators, 

motors, cabinets, shades, blinds, partitions, window screens, screen doors, 

storm windows, awnings, drapes, and rugs and other floor coverings, and all 

fixtures, accessions and appurtenances thereto, and all renewals or 

replacements of or substitutions for any of the foregoing, all of which materials, 

equipment, fixtures and other property are hereby declared to be permanent 

fixtures and accessions to the freehold and part of the realty conveyed herein 

as security for the indebtedness herein mentioned; (iii) all easements and rights 

of way now and/or at any time hereafter used in connection with any of the 

foregoing property or as a means of ingress to or egress from said property or 

for utilities to said property; (iv) all interests . . . in and to any streets, ways, 

alleys and/or strips of land adjoining said land or any part thereof; and (v) all 

rights, estates, powers and privileges appurtenant or incident to the foregoing 

FROOHFWLYHO\WKH ́0RUWJDJHG3URSHUW\μ

4. Moreover, pursuant to the Deed of Trust, Optima Stemmons possesses the 

right to foreclose on the Mortgaged Property.

$JUHHPHQW $VVLJQPHQW RI/HDVHVDQG 5HQWV DQG )L[WXUH )LOLQJ  ́'HHG RI

7UXVWμ VHFXULQJ WKH 1RWH UHFRUGHG RQ 'HFHPEHU   DV ZHOO DV DQ\

modifications thereto, (iii) any other indebtedness secured by the same Deed of 

Trust, and (iv) all rights and remedies available under both the Note and the 

Deed of Trust, including all payments of interest, principal, and fees due under 

the Note.

20-cv-20238, ECF#1, ¶  9HULILHG &RPSODLQW·V GHILQLWLRQ RI WKH  ́'HIHQGDQW

$VVHWμ

Case 1:20-cv-23278-DPG Document 104 Entered on FLSD Docket 03/03/2022 Page 2 of 6
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5. Laber holds a 16.665% ownership and membership interest in Optima 

Ventures.

6. Pursuant to Optima Ventures and 67( /HQGLQJ·V UHVSHFWLYH RSHUDWLQJ

DJUHHPHQWV2SWLPD9HQWXUHVLVDOORFDWHGDOORI67(/HQGLQJ·VSURILWVDQGORVVHV

7. 3XUVXDQW WR 2SWLPD 9HQWXUHV DQG 2SWLPD 6WHPPRQV· UHVSHFWLYH RSHUDWLQJ

DJUHHPHQWV2SWLPD9HQWXUHVLVDOORFDWHGDOORI2SWLPD6WHPPRQV· profits and losses

8. 3XUVXDQW WR 2SWLPD 9HQWXUHV 2SWLPD 6WHPPRQV DQG 67( /HQGLQJ·V

respective operating agreements, , Laber possesses a vested right to receive distributions from 

the Promissory Note dated December 19, 2019 and the Deed of Trust securing the Promissory 

Note, proportional to his 16.665% ownership and membership interest in Optima Ventures.

9. By way of /DEHU·V ownership and membership interests, Laber claims an 

interest in the following: 

A 16.665% ownership and membership interest in Optima Ventures, which in 

turn holds a 100% ownership and membership interest in 87STE Lending, 

which in turn possesses as its sole asset the Promissory Note dated December 

19, 2019, and retains a security interest in the Deed of Trust securing the 

Promissory Note;

A 16.665% ownership and membership interest in Optima Ventures, which in turn 

holds a 100% ownership and membership interest in Optima Stemmons, which in turn 

holds in trust the Mortgaged Property and possesses the right to foreclose on the 

Mortgaged Property; and 

A vested right to receive distributions from the Promissory Note dated 

December 19, 2019 and the Deed of Trust securing the Promissory Note 

proportional to Laber·V 16.665% ownership and membership interests in 

Optima Ventures;

2

FROOHFWLYHO\WKH ́'HIHQGDQW$VVHWμ

10. The Verified Complaint, filed on January 20, 2022, by the United States,

concedes WKDW  ́[t]he interests of . . . Uriel Laber . . . may be adversely affected by these 

SURFHHGLQJVμ ECF#1, ¶ 15. 

2 See, e.g., Del. Code §§ 18-101(10), 18-601, 18-604-18-606, 18-701; New York Limited 

/LDELOLW\&RPSDQ\/DZ ́//&/μ 102(r), 503-507, § 601.

Case 1:20-cv-23278-DPG Document 104 Entered on FLSD Docket 03/03/2022 Page 3 of 6
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11. Moreover, the Ex Parte Restraining Order, (ECF#5, ¶ 5(a)), dated January 25, 

UHVWUDLQV ́Laber. . . and [his] attorneys, agents, and anyone acting on their behalf, and 

DOOSHUVRQVRUHQWLWLHVDFWLQJLQFRQFHUWRUSDUWLFLSDWLRQZLWKDQ\RIWKHDERYH>@μ

12. Claimant has an interest in the Defendant Asset and respectfully contests the 

forfeiture.

13. In submitting this claim, Laber reserves any and all REMHFWLRQVWRWKLV&RXUW·V

jurisdiction over the subject of this action, including that such claims should be submitted to 

arbitration at the appropriate time pursuant to the Treaty Between the United States of 

America and Ukraine Concerning the Encouragement and Reciprocal Protection of 

Investment, dated March 4, 1994WKH ́86-8NUDLQH%,7μ, and that a promissory note is 

not a proper defendant-in-rem.

14. The effort to preserve the status quo during the U.S.-8NUDLQH%,7·VVL[-month 

cooling-off period should not be construed as a waiver of any rights or the submission of the 

merits of the dispute to the courts or administrative tribunals of the United States. See U.S.-

8NUDLQH%,7$UW9, ́3URYLGHG that . . . six months have elapsed from the date on which 

the dispute arose, the national or company concerned may choose to consent in writing to the 

VXEPLVVLRQRIWKHGLVSXWHIRUVHWWOHPHQWE\ELQGLQJDUELWUDWLRQμThe Claimant·s initial effort 

to preserve the status quo is not a waiver and Claimant reserves his right at the appropriate 

time under the U.S.-Ukraine BIT to commence arbitration and to move to compel arbitration 

in responsive motions.

15. &ODLPDQWSUHVHUYHVLWVULJKWWRDWWRUQH\V·IHHVDQGFRVWVSXUVXDQWWRDSSOLFDEOH

law, including 28 U.S.C. § 2412(d)(4) and § 2465(b). 

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure and Rule G(9) of the 

Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, 

Claimant hereby preserves his right to demand a trial by jury as to all issues so triable, without 

prejudice to any defenses, jurisdictional or otherwise, including that such claims should be 

submitted to arbitration pursuant to the U.S.-Ukraine BIT at the appropriate time. &ODLPDQW·V

initial effort to preserve his right to a jury trial is not a waiver and Claimant reserves his right 

at the appropriate time under the treaty to commence arbitration and to move to compel 

arbitration in responsive motions. 

Case 1:20-cv-23278-DPG Document 104 Entered on FLSD Docket 03/03/2022 Page 4 of 6
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Dated: March 3, 2022

Respectfully submitted,

Black, Srebnick

201 South Biscayne Blvd., Suite 1300

Miami, FL 33131

Tel: (305) 371-6421

Fax: (305) 371-6322

By: /s/ Howard M. Srebnick

Howard M. Srebnick

Florida Bar No. 919063

Robert T. Dunlap

Florida Bar No. 11950

HSrebnick@RoyBlack.com

RDunlap@RoyBlack.com 

Attorneys for Uriel Laber

Kasowitz Benson Torres LLP

1633 Broadway

New York, New York 10019

(212) 506-1700 

Marc E. Kasowitz 

Mark P. Ressler

Joshua Paul

Pro Hac Vice Anticipated

MKasowitz@kasowitz.com

MRessler@kasowitz.com 

JPaul@kasowitz.com 

Attorneys for Uriel Laber

Case 1:20-cv-23278-DPG Document 104 Entered on FLSD Docket 03/03/2022 Page 5 of 6
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Verification

I, Uriel Laber, make this verification on my own behalf. 

I have read the foregoing Verified Claim of Uriel Laber responsive to the complaint in 

United States v. The Promissory Note with a Principal Amount of $5.7 Million, Case No.: 1: 22-cv20238 -MGC (S.D. Fla. 2022), and know the contents of the Verified Claim. 

Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is 

true and correct to the best of my knowledge and belief.

Executed on March 3, 2022 at Miami, Florida. 

________________________________

Uriel Laber

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