UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA, : Plaintiff, : 96 Civ. 8307 (DC) - against - : JEFFREY E. EPSTEIN, e al ., : Defendants. : x GOVERNMENTS MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT EJECTING DIANE FISHER d/b/a THE FISHER GROUP AND RON SOFFER FROM THE PREMISES Preliminary Statement Plaintiff United States of America (the "Government") respectfully submits this memorandum of law in support of its motion pursuant to Fed. R. Civ. P. 56(a) for partial summary judgment on its second cause of action in the second amended complaint for an order ejecting defendants Diane Fisher alkla The Fisher Group ("Ms. Fisher") and Ron Soifer ("Soifer") a from the premises known as (the "premises"). STATEMENT OF FACTS Government's Protection Of Premises The premises at issue in this lawsuit were the residence of a diplomat of the government of Iran (Declaration of Richard C. Massey ("Massey Dec."), Exh. A thereto). As such, they were recognized as consular property by the United States Department of State ("State Department"), Office of Foreign Missions ("OFM") (Massey Dec., Exh. A thereto), and enjoyed the protection of the Foreign Missions Act ("FMA"), ss& 22 U.S.C. §§ 4302(a)(3)-(4), the Vienna Convention on Consular Relations ("VCCR"), a bilateral treaty between the United States and Iran. See 21 U.S.T. 77, 596 U.N.T.S. 261, TIAS 6820, art. 27(a)(a). Following the severance of diplomatic ties between the United States and Iran, OFM took custody of the premises pursuant to the FMA, the VCCR, the International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq . ("IEEPA"), authorities thereunder and a license granted to OFM by the Treasury Department, Office of Foreign Assets Control (Massey Dec., Exh. B thereto). OFM is empowered to bring this action to seek equitable relief to protect the premises, see 22 U.S.C. §§ 4301(b)-(c), 4311(a), and to control any "benefit" of a