[UPDATED — 04.24.2018: Revised for a lesser amount currently owed by the felon, to New York tax authorities. H/T Dan Mangan, at CNBC.] Well… this ought to be a fun fight. The Empire State taxman is on Marty — like white on rice (in a seven page PDF).
A good natured one (between fed-level, and state-level lawyers), to be sure — but a fight, nonetheless. And Mr. Brafman should worry about his fee — as the E*Trade pot keeps being dipped into. The feds want this money in forfeiture (after appeals).
Tonight, the taxing authorities for the State of New York just laid claim, in federal court, in Brooklyn — to Marty’s already under order of forfeiture E*Trade (cash) account. The state asserts that it perfected its tax lien prior to the time that the feds properly attached a criminal proceeds lien, via his conviction (and post conviction motion practice).
I think the State of New York has the better argument — but it will decrease what’s left, no matter how it all turns out.
And the tax lien need not be stayed while Marty appeals the felonies. His tax problem predates any of the indictments. So if Judge Matsumoto rules the way I think she will — this money will be gone — in a few weeks.
Ouch. Sorry Marty — soon, you won’t even be able to buy the nicer scented soap — at the commissary.
Namaste — have a greatly freedom-filled weekend, one and all!