Levin v. Bank of New York
- James Oetken
- 1:09-cv-05900
- U.S. District Court · Southern District of New York
- 3
In Levin v. Islamic Republic of Iran, Judge Oetken directed the Clerk to issue a writ to enforce the Levins’ registered judgments.
Dr. Lucille Levin, the late Jeremy Levin, and Suzelle M. Smith as trustee received authorization to pursue enforcement of their partially unsatisfied judgments against the Islamic Republic of Iran, the Iranian Ministry of Information and Security, and the Iranian Islamic Revolutionary Guard Corps, including identified property associated with the tanker Nautic held by Wells Fargo Bank, N.A.
What happened
In Levin v. Islamic Republic of Iran, Dr. Lucille Levin, the late Jeremy Levin, and Suzelle M. Smith, trustee of the Jeremy Isadore Levin 2012 Revocable Trust, sought to enforce judgments against Iranian defendants. The judgments totaled $28,807,719, plus post-judgment interest, and remained partly unpaid.
The court found that more than twelve years had passed since notice of the judgments and their registration in the Southern District of New York. It ruled that this was a reasonable period before enforcement and directed the Clerk to issue a writ covering identified property, including assets associated with the tanker Nautic held by Wells Fargo Bank, N.A.
Judge J. Paul Oetken also authorized further writs allowed under the federal rules governing enforcement of judgments. The order addressed enforcement of existing judgments rather than the underlying claims against Iran and the other defendants.
The detailed version
- Levin v. Bank of New York · No. 1:09-cv-05900
- James Oetken
- Sept. 15, 2020
Background
Dr. Lucille Levin, the late Jeremy Levin, and Suzelle M. Smith, trustee of the Jeremy Isadore Levin 2012 Revocable Trust, asked the court to act under 28 U.S.C. § 1610. They sought an order finding that a reasonable period had elapsed and directing the Clerk to issue a writ of execution to enforce judgments entered in the District of Columbia and registered in the Southern District of New York.
The judgments were entered on February 6, 2008, against the Islamic Republic of Iran, the Iranian Ministry of Information and Security, and the Iranian Islamic Revolutionary Guard Corps. The combined judgments totaled $28,807,719, and the court stated that the Levins were also entitled to post-judgment interest. The Levins gave notice of the judgments through court and diplomatic channels on October 14, 2008. They registered the judgment in the Southern District of New York on April 20, 2009, and obtained a renewal of the judgment there on January 3, 2019.
The Levins’ judgments remained partially unsatisfied. They had identified property belonging to the Iranian judgment debtors and their agencies and instrumentalities, including assets associated with the petroleum tanker Nautic, also called Gulf Sky, with International Maritime Organization number 9150377. The opinion identified $9,998,941.91 associated with the tanker and held by Wells Fargo Bank, N.A., among the assets at issue.
Ruling
The court found that more than twelve years had passed between entry of the judgments, notice to the Iranian judgment debtors, and registration of the judgment in the Southern District of New York. It held that this was a reasonable period before issuance of a writ under 28 U.S.C. § 1610(c).
Judge J. Paul Oetken directed the Clerk to issue a writ of execution concerning the identified property for the judgment registered by the Levins. The court also authorized and directed the Clerk to issue further writs supporting enforcement as allowed by Rule 69 of the Federal Rules of Civil Procedure and consistent with the order.
Effect of the Order
The order authorized enforcement of existing judgments. It did not decide the underlying claims that led to those judgments, and the opinion does not state that the judgments were fully satisfied.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.