United States of America v. 6608 Highland Park Drive, Fort Smith, Arkansas et al

Filing 29

CONSENT DECREE OF FORFEITURE as set forth: Claimants Chris Drosopoulos, and Effie Drosopoulos, on behalf of Chris Drosopoulos, shall forfeit $700,000.00 in U.S. currency in lieu of forfeiture of said real property. Signed by Judge Jimm Larry Hendren on April 4, 2007. (mfr)

United States of America v. 6608 Highland Park Drive, Fort Smith, Arkansas et al Doc. 29 Case 2:06-cv-02012-JLH Document 29 Filed 04/04/2007 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION UNITED STATES OF AMERICA, Plaintiff, v. 6608 HIGHLAND PARK, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 6912 SOUTHFIELD DRIVE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 2419 TOWSON AVENUE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 1601 TOWSON AVENUE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 2322 TOWSON AVENUE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 6205 HIGHWAY 271 SOUTH, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 1514 TOWSON AVENUE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 918 TOWSON AVENUE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; 3511 TOWSON AVENUE, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN; and, Civil No. 06-2012 Dockets.Justia.com Case 2:06-cv-02012-JLH Document 29 Filed 04/04/2007 Page 2 of 5 1217 SOUTH WALDRON ROAD, FORT SMITH, ARKANSAS, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREIN, Defendants. CONSENT DECREE OF FORFEITURE On January 25, 2006, a Verified Complaint of Forfeiture against the defendant real properties was filed on behalf of the plaintiff, United States of America The complaint alleges that the defendant real properties are subject to forfeiture pursuant to 18 U.S.C. 981(a)(1)(A) and 31 U.S.C. 5317(c)(2) of property involved in or traceable to the structuring or attempt to structure any transaction with one or more domestic financial institutions for the purpose of evading the reporting requirements of 31 U.S.C. 5313(a), in violation of 31 U.S.C. 5324(a)(3) and 18 U.S.C. 371. It appearing that process was fully issued in this action and returned according to law; That pursuant to a Warrant of Arrest issued by the Court, the defendant real properties were posted on April 11, and 12, 2006. On April 11, 2006, Effie Drosopoulos, Chris Drosopoulos, Dimitrios Drosopoulos, and Kimberly Drozal received personal service. On April 12, 2006, John Dros, a/k/a John Drosopoulos, Brenda Dros, a/k/a/ Brenda Drosopoulos, Terri Drosopoulos, Vasso Drosopoulos, Bank of the Ozarks, First National Bank, Sports & Imports, LLC, and Vasiliki Investments, LLC received personal service. On April 17, 2006, First Community Bank received service of process. On May 2, 2006 First Community Bank of Crawford County filed its Verified Statement of Interest and Answer, in which it claims an interest in said real property located at 1217 S. Waldron Road, Fort Smith, Arkansas by virtue of a real estate mortgage. 2 Case 2:06-cv-02012-JLH Document 29 Filed 04/04/2007 Page 3 of 5 On May 5, 2006 First National Bank of Fort Smith, Arkansas filed its Verified Statement of Interest, in which it claims an interest in said real property located at 6912 Southfield Drive, Fort Smith, Arkansas by virtue of a real estate mortgage. On May 8, 2006 Bank of the Ozarks filed its Verified Statement of Interest and Answer, in which it claims an interest in said real property located at 6912 Southfield Drive, Fort Smith, Arkansas by virtue of a real estate mortgage. On May 9, 2006, an order was entered administratively terminating this action. Upon petition of the United States, however, this action has been re-opened for entry of this Consent Decree. IT IS HEREBY ORDERED, ADJUDGED, and DECREED: 1. Pursuant to the agreement of the parties, Claimants Chris Drosopoulos, and Effie Drosopoulos, on behalf of Chris Drosopoulos, shall forfeit $700,000.00 in United States currency in lieu of forfeiture of said real property. 2. Pursuant to 28 U.S.C. 2465, reasonable cause existed for the arrest and posting of defendant real properties. IT IS SO ORDERED this 4th day of April, 2007. /s/ Jimm Larry Hendren HONORABLE JIMM LARRY HENDREN CHIEF U.S. DISTRICT JUDGE 3 Case 2:06-cv-02012-JLH Document 29 Filed 04/04/2007 Page 4 of 5 APPROVED: CHRIS DROSOPOULOS VASSO DROSOPOULOS By: /s/Patrick R. James Patrick R. James #82084 James & House, P.A. 801 West Third Street Little Rock, AR 72201 (501) 372-6555 By: /s/Rex W. Chronister Rex W. Chronister P.O. Box 66 Fort Smith, AR 72902-0066 (479) 783-4060 EFFIE DROSOPOULOS SPORTS & IMPORTS, LLC VASILIKI INVESTMENTS, LLC By: /s/Roy R. Gean III Roy R. Gean III Gean Gean & Gean 511 Garrison Fort Smith, AR 72901 (479) 783-1124 By: /s/David E. Johnson David E. Johnson #98026 James & House, P.A. 801 West Third Street Little Rock, AR 72201 (501) 372-6555 FIRST COMMUNITY BANK OF CRAWFORD COUNTY JOHN DROS By: /s/J. Gregory Magness J. Gregory Magness HARDIN, JESSON & TERRY, PLC P.O. Box 10127 Fort Smith, AR 72917-0127 (479) 452-2200 By: /s/David C. Gean David C. Gean Gean, Gean & Gean 511 Garrison Fort Smith, AR 72901 (479) 783-1124 4 Case 2:06-cv-02012-JLH Document 29 Filed 04/04/2007 Page 5 of 5 FIRST NATIONAL BANK OF FORT SMITH, ARKANSAS UNITED STATES OF AMERICA By: /s/R. Ray Fulmer R. Ray Fulmer LEDBETTER, COGBILL, ARNOLD & HARRISON, LLP P.O. Box 185 Fort Smith, AR 72902-0185 (479) 782-7294 BANK OF THE OZARKS By: /s/David R. Ferguson David R. Ferguson #85052 P.O. Box 1524 Fort Smith, AR 72902 (479) 783-5125 TERRI DROSOPOULOS By: /s/Kathryn W. Searcy Kathryn W. Searcy 12615 Chenal Parkway Post Office Box 8811 Little Rock, AR 72231 (501) 978-2226 By: /s/Mark E. Ford Mark E. Ford 19 Court Street Fort Smith, AR 72901 (479) 785-0123 KIM DROZAL BRENDA DROS By: /s/Eddie Christian, Jr. Eddie Christian, Jr. 502 Garrison Avenue Fort Smith, AR 72901 (479) 782-9147 By: /s/David C. Gean David C. Gean Gean, Gean & Gean 511 Garrison Fort Smith, AR 72901 (479) 783-1124 5