UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Filing 39

MOTION to Withdraw 6 Claim s Release of Claims to Seized Property and Consent to Forfeiture by ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR, BOWDOIN HARRIS ENTERPRISES, INC. (Fayad, Michael)

UNITED STATES OF AMERICA v. 8 GILCREASE LANE, QUINCY, FLORIDA 32351 et al

Doc. 39

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, and ONE CONDO LOCATED ON NORTH OCEAN BOULEVARD IN MYRTLE BEACH, SOUTH CAROLINA, and ALL FUNDS, INCLUDING APPROXIMATELY $53 MILLION, HELD ON DEPOSIT AT BANK OF AMERICA ACCOUNTS IN THE NAMES OF (1) THOMAS A. BOWDOIN, JR., SOLE PROPRIETOR, DBA ADSURFDAILY, (2) CLARENCE BUSBY, JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER, AND (3) GOLDEN PANDA AD BUILDER, Defendants, and ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR., AND BOWDOIN HARRIS ENTERPRISES, INC. , Claimants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case: 1:08-cv-01345 Hon. Rosemary M. Collyer

MOTION FOR LEAVE TO WITHDRAW CLAIMS RELEASE OF CLAIMS TO SEIZED PROPERTY AND CONSENT TO FORFEITURE

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Dockets.Justia.com

Claimants, AdSurfDaily, Inc., Thomas A. Bowdoin, Jr. and Bowdoin & Harris Enterprises, Inc. (hereinafter "Claimants"), by undersigned counsel, hereby request leave of the Court to withdraw and release claims previously filed, consent to forfeiture, as follows. 1. Claimants withdraw and release with prejudice the verified claims they filed in

this civil forfeiture action. 2. Claimants consent to the forfeiture of the properties for which they have asserted

claims (i.e., the real property at 8 Gilcrease Lane and the bank account balances at the Bank of America in the names of Thomas. A. Bowdoin Jr., sole proprietor, d/b/a AdSurfDaily) and expressly announce their intention to not contest the Government's forfeiture efforts against the properties for which they have asserted claims. Wherefore, counsel respectfully requests that the attached order be granted. Respectfully submitted, AKERMAN SENTERFITT Counsel for Claimants 8100 Boone Boulevard, Suite 700 Vienna, VA 22182-2683 phone: [phone] or 800 480-8750 fax: [phone] Email: [e-mail] By: and Jonathan Goodman, Esq.1 Florida Bar No. 371912 AKERMAN SENTERFITT One S. E. Third Avenue, 25th Floor Miami, FL 33131-1714 Phone: [phone] Fax: [phone] Email: [e-mail]
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s/Michael L. Fayad Dist. of Columbia Bar Number: 91694

Mr. Goodman has been permitted to appear pro hac vice.

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CERTIFICATE OF SERVICE I hereby certify that on this 13th day of January, 2009, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. AUSA William R. Cowden Assistant United States Attorney Chief, Asset Forfeiture Unit 555 4th Street N.W. Washington, DC 20530 [phone] [phone] (fax) [e-mail] Jonathan W. Emord, Esq. Emord & Associates, P.C. 11808 Wolf Run Lane Clifton, VA 20124 [phone] [phone] (fax) [e-mail] (counsel for Golden Panda Ad Building and Clarence Busby, Jr.) s/Michael L. Fayad

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA, Plaintiff, v. 8 GILCREASE LANE, QUINCY FLORIDA 32351, and ONE CONDO LOCATED ON NORTH OCEAN BOULEVARD IN MYRTLE BEACH, SOUTH CAROLINA, and ALL FUNDS, INCLUDING APPROXIMATELY $53 MILLION, HELD ON DEPOSIT AT BANK OF AMERICA ACCOUNTS IN THE NAMES OF (1) THOMAS A. BOWDOIN, JR., SOLE PROPRIETOR, DBA ADSURFDAILY, (2) CLARENCE BUSBY, JR. AND DAWN STOWERS, DBA GOLDEN PANDA AD BUILDER, AND (3) GOLDEN PANDA AD BUILDER, Defendants, and ADSURFDAILY, INC., THOMAS A. BOWDOIN, JR., AND BOWDOIN HARRIS ENTERPRISES, INC. , Claimants.

Case: 1:08-cv-01345 Hon. Rosemary M. Collyer

PROPOSED ORDER

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ORDERED, this ______ day of January, 2009, that Claimants in this matter be permitted to withdraw claims with prejudice; and it is FURTHER ORDERED that said claims are withdrawn.

U.S. District Judge Rosemary M. Collyer COPIES TO: Michael L. Fayad, Esq. Akerman Senterfitt 8100 Boone Boulevard, Suite 700 Vienna, VA 22182 AUSA William Rakestraw Cowden, Esq. U.S. Attorney's Office 555 Fourth Street, NW Washington, DC 20530

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