United States v. JPMorgan Chase Bank, N.A., 1:13-cv-00220 - CourtListener.com (2024)

ORDER, Case sealed. (Signed by Judge Richard J. Sullivan on 1/10/2013) (nm) (Entered: 01/23/2013)

Magistrate Judge Frank Maas is so designated. (nm)

SEALED DOCUMENT placed in vault.(nm) (Entered: 01/23/2013)

SEALED DOCUMENT placed in vault.(mps) (Entered: 03/14/2013)

SEALED DOCUMENT placed in vault.(nm) (Entered: 04/02/2013)

SEALED DOCUMENT placed in vault.(mps) (Entered: 04/10/2013)

SEALED DOCUMENT placed in vault.(nm) (Entered: 09/19/2013)

ORDER, IT IS HEREBY ORDERED that: 1. The seal shall be lifted as to this Order and any matter occurring in this action hereafter. 2. All documents filed before February 4, 2014, in the Court's file in this action shall remain under seal and shall not be made public, except for the relator's amended complaint. SO ORDERED. (Signed by Judge J. Paul Oetken on 02/04/2014) (mps) (Entered: 02/04/2014)

NOTICE of Election to Intervene. Document filed by The United States of America. (ft) (Entered: 02/06/2014)

INTERVENOR COMPLAINT against JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. Document filed by The United States of America.(ft) (Entered: 02/06/2014)

FIRST AMENDED COMPLAINT amending 11 Intervenor Complaint against JP Morgan Chase & Co., JP Morgan Chase Bank, N.A. with JURY DEMAND. Document filed by The United States of America. Related document: 11 Intervenor Complaint filed by The United States of America. (This document was originally filed under seal in envelope #4 and unsealed on 2/4/2014.)(ja) (ca). (Entered: 02/07/2014)

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David G. Wasinger for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 12 Amended Complaint, to: caseopenings@nysd.uscourts.gov. (ja)

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: The Court's subject matter jurisdiction over this action is undisputed and Defendants consent to the Court's exercise of personal jurisdiction over them. 2. Defendants Chase and JPMC admit, acknowledge, and accept responsibility for the following conduct alleged in the Government's Complaint, as further set forth herein. Chase shall comply with all rules applicable to participants in the DEL Program and the Loan Guaranty Program, including the DEL Program requirement that it ensure the "integrity of the data supplied" to TOTAL. In connection with the data integrity requirement set forth in Paragraph 3 above, Chase shall implement an enhanced quality control program to review FHA loans that it underwrites using TOTAL. The components of such quality control program shall be negotiated in good faith among Chase, HUD and the United States Attorney's Office for the Southern District ofNew York ("SDNY"), and shall be set forth in a separate, signed, public agreement among Chase, HUD, and SDNY, as further set forth herein. Defendants shall pay to the Government $614 million within thirty calendar days of the Effective Date (the "Settlement Amount"). Of the Settlement Amount, Defendants are paying $564.6 million to address violations of the DEL Program, and $49.4 million to address violations of the Loan Guaranty Program. Any amounts distributed to HUD-FHA pursuant to this Stipulation may be deposited into FHA's Capital Reserve Account. Each Party shall bear its own and its employees' legal and other costs incurred in connection with this matter, including the preparation and performance of this Stipulation. (Signed by Judge J. Paul Oetken on 2/4/2014) (tro) (Entered: 02/05/2014)

CONSENT JUDGMENT: plaintiff the United States of America is awarded judgment in the sum of $ 614,000,000 as of January 31, 2014, as against defendants JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A., jointly and severally, plus any and all applicable post-judgment interest permitted by law. (Signed by Judge J. Paul Oetken on 2/4/2014) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 02/05/2014)

ENDORSED LETTER addressed to Judge J. Paul Oetken from CHRISTOPHER B. HARWOOD dated 2/14/2014 re: Accordingly, the Government and the relator respectfully propose that they be permitted to continue their settlement discussions until February 28, 2014; if they have not reached a settlement by that date, they will jointly submit on or before that date, a proposed schedule for further proceedings on the issue of relator share. ENDORsem*nT: SO ORDERED. (Signed by Judge J. Paul Oetken on 2/18/2014) (ama) (Entered: 02/18/2014)

ENDORSED LETTER addressed to Judge J. Paul Oetken from Christopher B. Harwood dated 2/28/2014 re: The Government and the relator respectfully propose that they be granted until March 7, 2014, to submit a stipulation of settlement and order of dismissal on the issue of relator share. ENDORsem*nT: So ordered. (Signed by Judge J. Paul Oetken on 3/5/2014) (lmb) (Entered: 03/05/2014)

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY ORDERED, upon the consent of the Government and Relator, by and through their respective counsel: 1. Contingent upon and following payment by Defendants to the Government of the Settlement Amount, and within a reasonable time following the Government's receipt of the Settlement Amount, the Government shall pay to Relator, pursuant to the instructions provided by his attorney, the amounts set forth below (inclusive of interest): a. The Government shall pay Relator $56,460,000 of the HUD Settlement Amount. b. The Government shall pay Relator $7,410,000 of the VA Settlement Amount. 2. Relator agrees and confirms that the settlement set forth in this Relator Stipulation of his claim for a share of the HUD Settlement Amount and the VA Settlement Amount is fair, adequate and reasonable. 3. Upon receipt of the amounts identified in Paragraph 1 above, Relator - for himself and his heirs, successors, attorneys, agents and assigns - shall release and shall be deemed to have released and forever discharged the Government from: (a) any claim for a share of the HUD Settlement Amount or the VA Settlement Amount, including any claim pursuant to 31 U.S.C. ยง 3730(d); and (b) any other claims arising from or relating to the filing of the above-captioned action as further set forth in this order. (Signed by Judge J. Paul Oetken on 3/7/2014) (lmb) (Entered: 03/07/2014)

NOTICE OF APPEARANCE by Jefferson Eliot Bell on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Bell, Jefferson) (Entered: 03/14/2014)

NOTICE OF APPEARANCE by Alexander H. Southwell on behalf of JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Southwell, Alexander) (Entered: 03/14/2014)

ORDER: It is hereby ordered that, if filed, that Relator Keith Edwards' Motion for Award of Statutory Attorneys' Fees, Costs and Expenses Pursuant to 31 U.S.C. ยง3730(d)(1) be filed under seal and Defendants' response and Relator's reply shall also be filed under seal. (Signed by Judge J. Paul Oetken on 3/14/2014) (lmb) (Entered: 03/14/2014)

SEALED DOCUMENT placed in vault.(nm) (Entered: 03/17/2014)

LETTER addressed to Judge J. Paul Oetken from Alexander H. Southwell dated March 21, 2014 re: Extension of Time. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Southwell, Alexander) (Entered: 03/21/2014)

MEMO ENDORsem*nT on re: 20 Letter filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. ENDORsem*nT: Granted., ( Responses due by 4/7/2014.) (Signed by Judge J. Paul Oetken on 3/24/2014) (lmb) (Entered: 03/24/2014)

LETTER addressed to Judge J. Paul Oetken from Alexander H. Southwell dated April 4, 2014 re: abeyance and stay of briefing. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Southwell, Alexander) (Entered: 04/04/2014)

MEMO ENDORsem*nT on re: 22 Letter filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. ENDORsem*nT: So ordered. (Signed by Judge J. Paul Oetken on 4/7/2014) (lmb) (Entered: 04/07/2014)

LETTER addressed to Judge J. Paul Oetken from David G. Wasinger dated 04/18/2014 re: Motion for Award of Statutory Attorneys' Fees. Document filed by ABC.(Wasinger, David) (Entered: 04/18/2014)

MOTION TO INTERVENE & REQUEST FOR JUDICIAL DOCUMENTS.Document filed by non-party, Anthony L. Viola.(sc) (Entered: 05/29/2014)

LETTER addressed to Judge J. Paul Oetken from Alexander H. Southwell dated June 2, 2014 re: Application by Anthony L. Viola. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A through C, # 2 Certificate of Service)(Southwell, Alexander) (Entered: 06/02/2014)

CERTIFICATE OF SERVICE of June 2, 2014 Letter with Attachments served on Anthony Viola on 06/02/2014. Service was made by Mail. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Southwell, Alexander) (Entered: 06/02/2014)

LETTER addressed to Judge J. Paul Oetken from Christopher B. Harwood dated June 2, 2014 re: Application by Anthony L. Viola (Dkt. 26). Document filed by The United States of America.(Harwood, Christopher) (Entered: 06/02/2014)

ORDER: Nonparty Anthony L. Viola ("Viola") has moved to intervene in this closed action pursuant to Federal Rule of Civil Procedure 24. (Dkt. No. 26.) Per their requests, the Government and Defendants JP Morgan Chase Bank, N.A. and JP Morgan Chase & Company should submit their opposition by June 20, 2014. (Dkt. Nos 28 & 30.) Viola should submit his reply, if any, by July 20, 2014., ( Responses due by 6/20/2014., Replies due by 7/20/2014.) (Signed by Judge J. Paul Oetken on 6/5/2014) Copies Mailed By Chambers. (lmb) (Entered: 06/05/2014)

MEMORANDUM OF LAW in Opposition re: 26 MOTION to Intervene. . Document filed by The United States of America. (Attachments: # 1 Docket Sheet)(Harwood, Christopher) (Entered: 06/20/2014)

LETTER addressed to Judge J. Paul Oetken from Christopher B. Harwood dated 06/20/2014 re: Application by Anthony Viola (Dkt. 26). Document filed by The United States of America.(Harwood, Christopher) (Entered: 06/20/2014)

CERTIFICATE OF SERVICE of Letters Submitted by the Government Dated June 20, 2014 (Docket Nos. 32 and 33) with Attachments and Referenced Documents served on Anthony Viola on June 20, 2014. Service was made by Mail. Document filed by The United States of America. (Harwood, Christopher) (Entered: 06/20/2014)

LETTER addressed to Judge J. Paul Oetken from Alexander H. Southwell dated June 20, 2014 re: Response to Mr. Viola's motion submission. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Southwell, Alexander) (Entered: 06/20/2014)

PLAINTIFF FRANCISE M. KELLEY'S EMERGENCY MOTION TO INTERVENE.Document filed by non-party, Francise M. Kelley(sc) (Entered: 07/03/2014)

REPLY TO OPPOSITION TO MOTION TO INTERVENE; re: 32 Memorandum of Law in Opposition to Motion. Document filed by non-party, Anthony Viola. (sc) (Entered: 07/15/2014)

LETTER addressed to Judge J. Paul Oetken from Alexander H. Southwell dated 7/17/2014 re: Response to Ms. Kelley's Emergency Motion to Intervene Submission. Document filed by JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: # 1 Certificate of Service)(Southwell, Alexander) (Entered: 07/17/2014)

LETTER addressed to Judge J. Paul Oetken from Christopher B. Harwood dated July 18, 2014 re: Application by Anthony Viola (Dkt. 26). Document filed by The United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harwood, Christopher) (Entered: 07/18/2014)

LETTER addressed to Judge J. Paul Oetken from Anthony L. Viola dated 7/7/2014 re: I am respectfully enclosing my reply, pursuant to your order dated June 5, 2014. (kgo) (Entered: 07/21/2014)

MEMORANDUM OF LAW in Opposition re: 37 MOTION to Intervene. . Document filed by The United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Affidavit of Service)(Harwood, Christopher) (Entered: 07/22/2014)

LETTER from Francise M. Kelley, Intervenor, dated 7/23/14 re: Intervenor requests that the Court allow the record to reflect her intent to mail Intervenor's Reply Brief in Support of Motion to Intervene on 8/1/14 through U.S. Overnight Mail, as it relates to the letter which JPMorgan filed in the Court etc.; and that the Court allow the record to reflect the intervenor's intent to retain legal representation within the next thirty days. (sc) (Entered: 07/30/2014)

INTERVENOR FRANCISE M. KELLEY'S REPLY IN SUPPORT OF MOTION TO INTERVENE, AS IT RELATES TO JPMORGAN CHASE BANK, NA AND JPMORGAN CHASE & CO.'S OBJECTION; re: 37 MOTION to Intervene. (Attachments: # 1 Exhibit, # 2 Exhibit)(sc) (Entered: 08/05/2014)

PLAINTIFF'S (Intervenor)FRANCISE M. KELLEY'S LEAVE TO RE-OPEN & EXTEND THE TIME TO FILE A REPLY IN SUPPORT OF MOTION TO INTERVENE. (sc) (Entered: 08/06/2014)

INTERVENOR FRANCISE M. KELLEY'S REPLY IN SUPPORT OF MOTION TO INTERVENE, AS IT RELATES TO THE UNITED STATES OF AMERICA'S OBJECTION; re: 37 MOTION to Intervene. (Attachments: # 1 Exhibit, # 2 Exhibit)(sc) (Additional attachment(s) added on 8/12/2014: # 3 Errata) (sc). (Entered: 08/12/2014)

INTERVENOR FRANCISE M. KELLEY'S (Motion)LEAVE OF COURT TO FILE AMENDED MEMORANDUM IN SUPPORT OF MOTION TO INTERVENE AND AMENDED REPLY AS IT RELATES TO THE UNITED STATES OF AMERICA'S OBJECTION..(sc) (Entered: 08/13/2014)

FRANCISE M. KELLEY'S EMERGENCY AMENDED MEMORANDUM IN SUPPORT OF MOTION TO INTERVENE; re: 37 MOTION to Intervene. (sc) (Entered: 08/13/2014)

INTERVENOR'S AMENDED REPLY(Affirmation) IN SUPPORT OF MOTION TO INTERVENE,AS IT RELATES TO THE UNITED STATES OF AMERICA'S OBJECTION; re: 37 MOTION to Intervene. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Errata)(sc) (Entered: 08/13/2014)

MEMO ENDORsem*nT on re: 46 PLAINTIFF'S (Intervenor)FRANCISE M. KELLEY'S LEAVE TO RE-OPEN & EXTEND THE TIME TO FILE A REPLY IN SUPPORT OF MOTION TO INTERVENE. ENDORsem*nT: So ordered. (Signed by Judge J. Paul Oetken on 8/12/2014) (lmb) (Entered: 08/12/2014)

NOTICE OF PLAINTIFF FRANCISE M. KELLEY'S NOTICE OF INITIAL RESPONSE FROM THE UNITED STATES DEPARTMENT OF JUSTICE, AS IT RELATES TO THE INTERVENOR'S FREEDOM OF INFORMATION ACT REQUEST. Document filed by The United States of America. (sc) (Entered: 08/25/2014)

(Motion)INTERVENOR FRANCISE M. KELLEY'S LEAVE OF COURT FOR TIME TO SEEK LEGAL REPRESENTATION FOR FORTY-FIVE DAYS AND STAY OF RULING ON MOTION TO INTERVENE..(sc) (Entered: 08/26/2014)

MEMO ENDORsem*nT granting MOTION 53 INTERVENOR FRANCISE M. KELLEY'S LEAVE OF COURT FOR TIME TO SEEK LEGAL REPRESENTATION FOR FORTY-FIVE DAYS AND STAY OF RULING ON MOTION TO INTERVENE. ENDORsem*nT: The motion to stay a ruling on Francise M. Kelley's motion to intervene until October 6, 2014 is hereby granted. The Court will defer a ruling on Ms. Kelley's motion until October 6, 2014. The Clerk is directed to close the motion at Docket No. 53. So ordered. (Signed by Judge J. Paul Oetken on 9/10/2014) (ja) (Entered: 09/10/2014)

LETTER from Anthony Viola, ID#32238-160, dated 9/27/14 re: Intervenor Anthony L. Viola requests that the Court send him a copy of any ruling which has been issued, since he has no access to PACER system and had until 7/20/14 to file a final response pursuant to a court order. (sc) (Entered: 10/08/2014)

OPINION AND ORDER re: 49 MOTION for Leave to File AMENDED MEMORANDUM IN SUPPORT OF MOTION TO INTERVENE AND AMENDED REPLY AS IT RELATES TO THE UNITED STATES OF AMERICA'S OBJECTION, 37 MOTION to Intervene, 26 MOTION to Intervene. For the foregoing reasons, Viola and Kelley's motions to intervene are DENIED. Viola's request for documents is DENIED. Kelley's request that the settlement agreement be stayed is DENIED. The Clerk of Court is directed to close the motions at docket numbers 26, 37, and 49, and to close this case. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/31/2014) Copies Mailed By Chambers. (ja) (Entered: 10/31/2014)

NOTICE OF APPEAL from 57 Memorandum & Opinion. Document filed by Anthony Viola. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 11/18/2014)

Appeal Fee Due: for 58 Notice of Appeal. Appeal fee due by 12/1/2014. (tp)

LETTER addressed to Judge J. Paul Oetken from Anthony Viola, dated 11/12/14 re: Intervenor Anthony L. Viola writes to thank the Court for considering his Motion to Inverene in the JPMorgan Settlement etc.; to inform the Court that he has filed a Notice of Appeal of the Court's decision; and he requests that the Court amend the order dated 10/31/14 to note, that immediately following his federal conviction, he was acquitted on identical charges prosecuted by the same joint mortgage fraud task force in State of Ohio v. Viola, Case #CR-536877. Document filed by Anthony Viola.(sc) (Entered: 11/18/2014)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 58 Notice of Appeal. (tp)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 58 Notice of Appeal filed by Anthony Viola were transmitted to the U.S. Court of Appeals. (tp)

REQUEST TO PROCEED IN FORMA PAUPERIS ON APPEAL. Document filed by Anthony Viola.(tp) (Entered: 12/11/2014)

ORDER. Anthony Viola's request to proceed in forma pauperis on appeal is hereby GRANTED. (Signed by Judge J. Paul Oetken on 1/9/2015) Copies Mailed By Chambers. (rjm) (Entered: 01/09/2015)

MANDATE of USCA (Certified Copy) as to 58 Notice of Appeal filed by Anthony Viola USCA Case Number 14-4300.Appellee moves to dismiss the appeal or summarily affirm the district courts order. Upon due consideration, it is hereby ORDERED that the motion to summarily affirm is GRANTED. See United States v. Monsalve, 388 F.3d 71, 73 (2d Cir. 2004); Neitzke v. Williams, 490 U.S. 319, 325 (1989). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/13/2016. (tp) (Entered: 01/13/2016)

Transmission of USCA Mandate/Order to the District Judge re: 62 USCA Mandate. (tp)