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

Filing 145

AMENDED DECREE OF FORFEITURE: it is ORDERED, ADJUDGED, AND DECREED that: (1) The motion for an amended decree of forfeiture (Doc. 144 ) is granted. (2) The United States Marshals Service shall release one hundred fifty-three thousand seventy-thre e dollars and seventy-three cents ($ 153,073.73) 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 remains closed. Signed by Honorable Judge Myron H. Thompson on 2/28/2022. (cwl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
$603,752.76 SEIZED FROM
STERLING ACCOUNT NUMBER
xxx0558 IN THE NAME OF
CLOVERLAND DRUGS, INC.;
et al.,
Defendants.

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

AMENDED DECREE OF FORFEITURE
This

case

comes

before

the

court

on

the

government’s motion to amend the decree of forfeiture
(Doc. 144), filed on February 24, 2022.

Counsel for

claimants Cloverland Drug, Inc., David G. Saalwaechter,
and Theresa S. Saalwaechter orally confirmed that the
motion is unopposed.*
On February 10, 2017, the United States filed a

* Throughout this amended 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).

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
2

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
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
Claims

Declaration

of

Supplemental
and

Asset

Publication

(Doc. 17).
On March 31, 2017, David Saalwaechter filed a claim
3

(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

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
4

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
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).
No other claim or answer was 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.
On December 16, 2021, the government and claimants
Cloverland

Drug,

Inc.,

David
5

G.

Saalwaechter,

and

Theresa

S.

Saalwaechter

entered

into

a

settlement

agreement that was approved by this court on January
13,

2022.

agreement

See
stated

$ 550,000.00
satisfied

Order

to

out

that
the

of

forfeiture action.

(Doc.
the

United

the

funds

133).

The

claimants
States

were

which

seized

settlement

in

to

was
this

pay

to

be

civil

Further, the settlement agreement

stated that the claimants were to receive the balance
of the funds seized in this action by and through their
attorney, J. Doyle Fuller.
On January 18, 2022, this court entered a decree of
forfeiture ordering the forfeiture of $ 550,000 to the
United States and directing the United States Marshals
Service to release $ 159,833.73 to claimants Cloverland
Drug,

Inc.,

David

G.

Saalwaechter,

and

Theresa

S.

Saalwaechter through their attorney of record, J. Doyle
Fuller.

See Decree of Forfeiture (Doc. 135).

The

amount to be returned to the claimants was calculated
using the following values:
a. $ 53,752.76

from

defendant
6

$ 603,752.76

seized

from Sterling Bank account number xxx0558, which
represents

the

remaining

funds

after

the

forfeited $ 550,000.00 is subtracted;
b. $ 69,320.97

seized

from

Sterling

Bank

account

number xxx-xxx-5960 in the name of David G. and
Theresa S. Saalwaechter; and
c. $ 36,760.00 cash in lieu of 2015 Harris 240 SOL
pontoon

boat,

HAMP2012K415

hull

with

a

identification
2015

Mercury

300

number
Verado

outboard motor, serial number 2B137854.
On February 22, 2022, the United States Marshals
Service informed the government that, while defendant
2015 Harris 240 SOL pontoon boat, hull identification
number

HAMP2012K415

with

a

2015

Mercury

300

Verado

outboard motor, serial number 2B137854 appraised for
$ 36,760.00, the vessel actually sold for $ 30,000.00,
which leaves only $ 30,000.00 available to return to
the claimants, rather than $ 36,760.00 as previously
calculated.

7

***

Accordingly, on motion of the United States for an
amended

decree

of

forfeiture

and

for

good

cause

otherwise shown, it is ORDERED, ADJUDGED, AND DECREED
that:
(1) The motion for an amended decree of forfeiture
(Doc. 144) is granted.
(2)

The

United

States

Marshals

Service

shall

release one hundred fifty-three thousand seventy-three
dollars

and

seventy-three

cents

($ 153,073.73)

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:

(334)

270-0020,

E-mail:

thousand

dollars

[e-mail]).
(3)

Five

hundred

fifty

($ 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
8

of according to law.
(4) The parties will bear their own costs.
This case remains closed.
DONE, this the 28th day of February, 2022.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

9