USA v. Approximately $50,319.11 seized from 49er Credit Union Bank, held in the names of Gregory S. Baker and Darrell Hinz et al

Filing 33

ORDER TO AMEND PROTECTIVE ORDER signed by District Judge Troy L. Nunley on 12/1/2015 ORDERED ADJUDGED AND DECREED 29 Pursuant to 18:983(j)(1)(A); the Protective Order 6 remains in full force and effect; the amendment to the protective order 25 remains in full force and effect; David D. Flemmer is APPOINTED as the monitor of Earthsavers Erosion Control, LLC; this Court shall retain jurisdiction of this matter for all purposes; the terms of this order shall remain in full force and effect until judgment is rendered on the civil forfeiture complaint filed with respect to the defendant properties and the United States' interests are liquidated or sold in their entirety.(Reader, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

2:12-CV-01632-TLN-AC
ORDER TO AMEND THE EXISTING
PROTECTIVE ORDER TO APPOINT A
MONITOR FOR EARTHSAVERS EROSION
CONTROL, LLC

APPROXIMATELY $50,319.11 SEIZED
FROM 49ER CREDIT UNION BANK
ACCOUNT NUMBER 1096173, HELD IN
THE NAMES OF GREGORY S. BAKER
AND DARRELL HINZ, et al.,

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Defendants.
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This matter having come before this Court on the application of the United States of America to

21 amend the existing protective order pursuant to 18 U.S.C. § 983(j)(1)(A), which provides courts with
22 jurisdiction to enter restraining orders and take such other action in connection with any property or other
23 interest subject to forfeiture to ensure its availability for forfeiture.
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25 IT IS HEREBY HEREBY ORDERED, ADJUDGED, AND DECREED, PURSUANT TO 18 U.S.C. §
26 983(j)(1)(A) THAT:
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Earthsavers Erosion Control, LLC is hereby restrained in the manner described below.

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Order to Amend Existing Protective Order to
Appoint a Monitor for Earthsavers Erosion Control, LLC

PRIOR PROTECTIVE ORDERS

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The protective order entered on June 22, 2012 [ECF No. 6] remains in full force and

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The amendment to the protective order entered on April 16, 2013 [ECF No. 25] remains in

3 effect.
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5 full force and effect.
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APPOINTMENT OF A MONITOR

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Mr. David Flemmer is APPOINTED as the monitor of Earthsavers Erosion Control, LLC

9 as specifically set forth below.
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4.

The monitor may review accounting documents, financial statements, inventory logs,

11 business books and records, journals, ledgers, invoices, contracts, bank records, correspondence,
12 employment contracts, inventory sheets, and business manuals to ensure that Earthsavers Erosion
13 Control, LLC (“Earthsavers”) is operating in compliance with generally accepted accounting principles
14 and federal and state laws.
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5.

The monitor may order appraisals, consult with valuation professionals, and take other

16 necessary and reasonable steps to properly value the business.
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6.

The monitor may access the business premises, the business bank accounts, consult with

18 Earthsaver employees, and introduce other reasonable measures to prevent any potential business
19 mismanagement or looting of company bank accounts, intellectual property and inventory.
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7.

The monitor, in consultation with the other equity partner of Earthsavers, may hire or

21 terminate employees in order to efficiently conduct business.
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8.

The monitor, in consultation with the other equity partner of Earthsavers, may enter into

23 or terminate contracts for professional services to efficiently conduct business.
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9.

The monitor, in consultation with the other equity partner of Earthsavers, may cut pay,

25 give raises, or pay bonuses to deserving employees through their service to the business.
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10.

The monitor may secure the United States’ interest in the $300,000 promissory note

27 forfeited in Case No. 2:12-cr-00294-TLN. The monitor shall audit the Note and confirm the payment
28 schedule and ensure that the promissory note is paid in a timely manner.
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Order to Amend Existing Protective Order to
Appoint a Monitor for Earthsavers Erosion Control, LLC

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JURISDICTION

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This Court shall retain jurisdiction of this matter for all purposes. The terms of this order shall

3 remain in full force and effect until judgment is rendered on the civil forfeiture complaint filed with
4 respect to the above-referenced defendant properties and the United States’ interests are liquidated or sold
5 in their entirety. In the event a party chooses to modify the terms of the protective order or any of its
6 amendments, they can do so only with prior approval of the Court upon notice to the United States and an
7 opportunity for the United States to be heard.
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IT IS SO ORDERED.

9 Dated: December 1, 2015
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Troy L. Nunley
United States District Judge

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Order to Amend Existing Protective Order to
Appoint a Monitor for Earthsavers Erosion Control, LLC