United States of America v. $603,752.76 Seized from Sterling Account Number xxx0558 et al

Filing 135

DECREE OF FORFEITURE: it is hereby ORDERED, ADJUDGED, AND DECREED that: (1) The motion for a decree of forfeiture (Doc. 134 ) is granted. (2) The United States Marshals Service shall release one hundred fifty-nine thousand eight hundred thirty-th ree dollars and seventy-three cents ($ 159,833.73) to claimants Cloverland Drug, Inc., David G. Saalwaechter, and Theresa S. Saalwaechter through their attorney of record, J. Doyle Fuller (2851 Zelda Road, Montgomery, Alabama 36106, Telephone: [phone], E-mail: [e-mail]). (3) Five hundred fifty thousand dollars ($ 550,000.00) is forfeited to the United States. No right, title, or interest in the defendant currency shall exist in any other party and it shall be disposed of according to law. (4) The parties will bear their own costs. This case is not closed. Signed by Honorable Judge Myron H. Thompson on 1/18/2022. (cwl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,

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Plaintiff,
v.
$603,752.76 SEIZED FROM
STERLING ACCOUNT NUMBER
xxx0558 IN THE NAME OF
CLOVERLAND DRUGS, INC.;
et al.,
Defendants.

CIVIL ACTION NO.
2:17cv80-MHT
(WO)

DECREE OF FORFEITURE
On February 10, 2017, the United States filed a
verified complaint for forfeiture (Doc. 1) pursuant to
18

U.S.C.

violations

§ 981(a)(1)(A),
of

18

U.S.C.

(C),

§ 1341

and

(D)(v)-(vi)

(mail

fraud),

for

§ 1343

(wire fraud), § 1347 (health care fraud), §§ 1956 and
1957(a) (money laundering), and 42 U.S.C. § 1320a-7(b)
(federal anti-kickback statute).
Based

on

the

following

facts,

it

appears

that

process was fully issued in this action and returned
according to law:

Pursuant to a warrant of arrest in rem issued by
this court, the United States Marshals Service for the
Middle

District

of

Alabama

served

defendant

$ 603,752.76 seized from Sterling Bank account number
xxx0558 in the name of Cloverland Drug, Inc., defendant
$ 69,320.97 seized from Sterling Bank account number
xxx-xxx-5960 in the name of David G. and Theresa S.
Saalwaechter,
defendant

2015

and

$ 36,760

Harris

240

cash
SOL

in

lieu

pontoon

of

boat,

the
hull

identification number HAMP2012K415 with a 2015 Mercury
300 Verado outboard motor, serial number 2B137854, on
February 21, 2017.

See Returned Warrants (Doc. 6, Doc.

8, & Doc. 10).*
On March 1, 2017, David G. Saalwaechter and Theresa
S. Saalwaechter were served with copies of the verified
complaint

for

forfeiture,

notice

of

complaint

for

forfeiture against personal property, and warrant of

* Throughout this decree of forfeiture, the court
uses the spellings of the claimants’ names set forth in
their claims.
See Claims (Doc. 26, Doc. 28, & Doc.
30).
2

arrest in rem, by and through Attorney J. Doyle Fuller.
See Returned Warrants (Doc. 12 & Doc. 13).

On March 7,

2017, Cloverland Drug, Inc. was served with a copy of
the

verified

complaint

for

forfeiture,

notice

of

complaint for forfeiture against personal property, and
warrant of arrest in rem, by and through attorney J.
Doyle Fuller.
Notice

See Returned Warrant (Doc. 14).
of

civil

forfeiture

was

posted

on

www.forfeiture.gov for at least 30 consecutive days as
required
Rules

by

for

Forfeiture

Rule

G(4)(a)(iv)(C)

Admiralty

or

Actions.

See

of

Maritime

the

Supplemental

Claims

Declaration

of

and

Asset

Publication

(Doc. 17).
On March 31, 2017, David Saalwaechter filed a claim
(Doc.

26)

to

defendants

$ 603,752.76

seized

from

Sterling Bank account number xxx0558 in the name of
Cloverland Drug, Inc., $ 69,320.97 seized from Sterling
Bank account number xxx-xxx-5960 in the name of David
G. and Theresa S. Saalwaechter, and $ 36,760 cash in
lieu

of

2015

Harris

240
3

SOL

pontoon

boat,

hull

identification number HAMP2012K415 with a 2015 Mercury
300 Verado outboard motor, serial number 2B137854, and
on April 20, 2017, he filed an answer to the verified
complaint (Doc. 40).
On March 31, 2017, Theresa S. Saalwaechter filed a
claim (Doc. 28) to defendants $ 603,752.76 seized from
Sterling Bank account number xxx0558 in the name of
Cloverland Drug, Inc., $ 69,320.97 seized from Sterling
Bank account number xxx-xxx-5960 in the name of David
G. and Theresa S. Saalwaechter, and $ 36,760 cash in
lieu

of

2015

Harris

240

SOL

pontoon

boat,

hull

identification number HAMP2012K415 with a 2015 Mercury
300 Verado outboard motor, serial number 2B137854, and
on April 20, 2017, she filed an answer to the verified
complaint (Doc. 41).
On March 31, 2017, Cloverland Drug, Inc. filed a
claim (Doc. 30) to defendants $ 603,752.76 seized from
Sterling Bank account number xxx0558 in the name of
Cloverland Drug, Inc. and $ 36,760 cash in lieu of 2015
Harris 240 SOL pontoon boat, hull identification number
4

HAMP2012K415 with a 2015 Mercury 300 Verado outboard
motor, serial number 2B137854, and on April 20, 2017,
it filed an answer to the verified complaint (Doc. 42).
On December 16, 2021, the government and claimants
Cloverland
Theresa

Drug,

S.

Inc.,

Saalwaechter

David

G.

entered

Saalwaechter,
into

a

and

settlement

agreement that was approved by this court on January
13, 2022.

See Order (Doc. 133).

No other claim or answer has been filed on behalf
of any other party as to defendants $ 603,752.76 seized
from Sterling Bank account number xxx0558 in the name
of

Cloverland

Drug,

Inc.,

$ 69,320.97

seized

from

Sterling Bank account number xxx-xxx-5960 in the name
of David G. and Theresa S. Saalwaechter, and $ 36,760
cash in lieu of 2015 Harris 240 SOL pontoon boat, hull
identification number HAMP2012K415 with a 2015 Mercury
300 Verado outboard motor, serial number 2B137854.

***

5

Accordingly, on motion of the United States for a
decree

of

forfeiture

shown,

it

is

hereby

and

for

ORDERED,

good

cause

ADJUDGED,

otherwise

AND

DECREED

that:
(1) The motion for a decree of forfeiture (Doc.
134) is granted.
(2)

The

United

States

Marshals

Service

shall

release one hundred fifty-nine thousand eight hundred
thirty-three

dollars

($ 159,833.73)

to

David

G.

and

claimants

Saalwaechter,

and

seventy-three
Cloverland
Theresa

S.

cents

Drug,

Inc.,

Saalwaechter

through their attorney of record, J. Doyle Fuller (2851
Zelda Road, Montgomery, Alabama 36106, Telephone: (334)
270-0020, E-mail: [e-mail]).
(3)

Five

hundred

fifty

thousand

dollars

($ 550,000.00) is forfeited to the United States.
right,

title,

or

interest

in

the

defendant

No

currency

shall exist in any other party and it shall be disposed
of according to law.
(4) The parties will bear their own costs.
6

This case is not closed.
DONE, this the 18th day of January, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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