United States of America v. One 2014 Mercedes Benz SGE AMG,

Filing 15

CONSENT ORDER of Forfeiture and Final Judgment granting 14 Motion for Forfeiture of Property. Signed by Chief Judge Lisa G. Wood on 5/21/15. (wwp)

Case 4:14-cv-00216-LGW-GRS Document 14-1 Filed 05/13/15 Page 1 of 4

FILED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

U.S. DISTRICT COURT
ii
S AVA NNAHUI v.
ivMr1Mr1

MAY 2I 21115

id-

UNITED STATES OF AMERICA,

CLERK
SO.DISijJF GA

Plaintiff,
V.

CV4 14-216
ONE 2014 MERCEDES BENZ SG-3 AMG,
VIN WDDUG7JBOEA042570,
Defendant.

CONSENT ORDER OF FORFEITURE A N D FINAL JUDGMENT
On May 8, 2014, the United States Secret Service seized the Defendant
Vehicle, a 2014 Mercedes Benz, 503 AMG, Vehicle Identification Number (VIN ,
WDDUG7JBO042570 at the Port of Savannah. On September 29, 2014, the,
United States initiated these judicial proceedings by filing a Complaint for
Forfeiture in Rein against the Defendant Vehicle pursuant to 18 TJS.C.
§98I(a)(1)A). (Doc. 1). Claimant Sherif Shagaya was sent copies of the Complaint
and Notice of Forfeiture via Certified Mail Return Receipt Requested, on or about
October 3, 2014. (Doe. 5). Robert R. Rini Ibrahim Shehu and Richard Pham were
also sent copies of the Complaint and Notice of Forfeiture via Certified Mail Re-.urn
Receipt Requested, on or about October 3, 2014. (Does. 6 - 8). The Defendant
Vehicle on arrested on September 29, 2014. Doc. 3).

Case 4:14-cv-00216-LGW-GRS Document 14-1 Filed 05113/15 Page 2 of 4

In addition to providing Claimant with personal notice that a Complaint £r
Forfeiture had been filed and that the Defendant Vehicle had been arrested, the
United States has notified all other potential claimants by publishing notice on the
government internet website, www.forfeiture.gov , for thirty days beginning on
October 3, 2014. (Doe. 10).
Claimant filed a Claim to the Defendant Vehicle on October 20, 2014. (Doc.
10.), and an Answer on November 3, 2014. (Doe. 11). No other Claim was flied and
the period in which to do so has expired.
The parties have entered into a Stipulation of Settlement and Release of All
Claims resolving all of the issues raised in the Complaint. Specifically, the parties
consented to an order substituting $20,000.00 in lieu of the Defendant Vehicle. The
United States and Claimant are in agreement that substituting $20,000.00 for the
Defendant Mercedes will be best for all concerned.
The parties agreed that the United States shall return the Defendant Vehicle
to Claimant in consideration of Claimant's agreement to forfeit to the United States
the substitute res of $20,000.00 in U.S. Currency, and that this shall constitute a
full and final settlement of all claims that Claimant has as a result of the seizure.
WHEREFORE, the Court: hereby finds that the United States has furnisbed
due and legal notice of the proceeding as required by statute, and that all persons
known to the United States to have a possible interest in the Defendant Vehicle,
have received actual notice and service of the Complaint and Warrant for Arrest in
this action.

Case 4:14-cv-00216-LGW-GRS Document 14-1 Filed 05113/15 Page 3 of A

.

Therefore, IT IS HEREBY ORDERED AS FOLLOWS:
1.

That $20,000.00 shall be substitute res for the Defendant Vehicle.

2.

A Final Judgment of Forfeiture is hereby entered in favor of the United
States against the substitute res of $20,000.00 in U.S. Currency, wlich
shall be disposed of by the United States according to law and the
terms of this Order.

3.

Claimant Sherif Shagaya agrees to remit to the United States a check
made payable to the US. Customs and Border Protection in the
amount of $20,000.00 as substitute res. The United States Attorney
General, or his designee, is authorized to seize the $20,000.00 as
substitute res for the Defendant Vehicle.

4.

That upon receipt and verification of the $20,000.00 as substitute rs,
the U.S. Customs and Border Protection is hereby authorized and
directed to release the Defendant Vehicle to Claimant Sherif Shagaa.

5.

The $20,000.00 as substitute res shall be deposited in a government
account maintained by the U.S. Customs and Border Protection
pending resolution of these civil forfeiture proceedings. Claimant shall
not be entitled to receive any further payment from the United States
as a result of the seizure.

.

The parties shall be responsible for payment of their own expenses,
including attorney's fees, incurred in connection with this proceeding.

3

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7.

For the purpose of enforcing this Order, the United States District
Court shall retain jurisdiction

ii

DISTRICT COURT
RJCT OF GEORGIA

CONSENTED TO:
EDWARD J. TARVER
nATES
Date:______
Je
(istatte
Assistant United States Attorney
Georgia Bar No. 0934 16
P.O. Box 8970
Savannah, Georgia 31412
C.hA1MAN
Date:______

7/

Donald. F. Sam el
Attorney for Sherif Shagaya
Georgia Bar No. 624475
Garland, Samuel & Loeb. P.C.
3151 Maple Drive, N.E.
Atlanta, GA. I0305
(4{4) 962.2225

Date:
Sheri.f Shag
Claimant

Case 4:14-cv-00216-LGW-GRS Document 14-2 Filed 05/13/15 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA,
Plaintiff;
V

.

CV414-216
ONE 2014 MERCEDES BENZ SG8 AMG
VIN WIDUG7JBOEA042570,
Defendant.
STIPULATION OF SETTLEMENT AND RELEASE OF ALL CLAIMS
WHEREAS, on May 8, 2014, the Defendant Vehicle, a 2014 Mercedes Benz,
SG3 AMG, Vehicle Identification Number (VIN) WDDUG7JBOEA042570, was
seized pursuant to a seizure warrant in Garden City, Georgia, at the Port of
Savanah by the United States Secret Service;
WHEREAS, the United States of America filed its Verified Complaint for
Forfeiture In Rem on December 19, 2012 (Dec. 1), against the Defendant Vehicle
pursuant to 18 U.S.C. § 981(a)(1)(A);
WHEREAS, on October 20, 2014, Sherif Shagaya filed a Verified Claim
asserting ownership of the Defendant Vehicle (Doe. 10);
WHEREAS, on November 3, 2014, Sherif Sbagaya flied an Answer (Doe. 11);
and

Case 4:14-cv-00216-LGW-GRS Document 14-2 Piled 05/13/15 Page 2 of 5

WHEREAS, the United States of America and Sherif Shagaya are aware of
their respective rights and wish to resolve this matter without further litigation and
further expense.
NOW THEREFORE, the parties, in the interest of fully and finally resolving
this matter in all respects, stipulate and agree as follows:
The United States of America and Claimant Sherif Shagaya agree,
understand and acknowledge that none of the parties to this Stipulation of
Settlement and Release of All Claims (Agreement") admit or acknowledge any
liability whatsoever to the other, and further, that the parties specifically deny any
such liability. Neither this Agreement nor any payment hereunder is to be
construed as an admission of liability by either party.
2.

The parties herein wish to resolve this matter without utilization of

judicial resources and litigation expenses. As such, the parties agree that
substituting $20000.00 for the Defendant Vehicle will be best for all concerned,
that the Defendant Vehicle shall NOT BE FORFEITED, but shall be

RETURNED to the Port where it will be met by Claimant or his designated
representative. Claimant shall remit a check made payable to the U.S. Customs
and Border Protection in the amount of Twenty Thousand Dollars ($20,000.00) as
substitute res. Claimant hereby withdraws his Claim to the substitute res of
Twenty Thousand Dollars ($20,000.00.
3.

The parties further stipulate that the remaining portion of the

substitute res, specifically Twenty Thousand Dollars ($20,000.00), shall be

Case 4:14-cv-00216-LGW-GRS Document 14-2 Filed 05/13115 Page 3 of 5

FORFEITED to the United States of America. Further, any right, title or interest
of Claimant and his successors and assigns, and any right, title and ownership
interest of all other persons in the $20,000.00 substitute res is being forfeited to the
United States of America is hereby and forever EXTINGUISHED. Clear title to
said currency shall hereby be VESTED in the United States of America which is
authorized to dispose of such currency according to law.
4.

Claimant represents that at the time of the seizure he was the owner

of the substitute res. Claimant Sherif Shagaya hereby warrants, covenants and
represents that prior to executing this Agreement, he has not conveyed, transferred,
pledged, or in any manner whatsoever assigned or encumbered the substitute res.
5.

Claimant agrees to release, remise and forever discharge the Unitsd

States of America, and any of its agencies involved in this matter, including but not
limited to the United States Secret Service, U.S. Customs and Border Protection,
Department of Homeland Security, their agents and employees, and state and local
law enforcement officers and their employers, agents, and employees, past and
present, from any and all claims or causes of action which Claimant and his agents,
officers, employees, assignees andior successors in interest have, may have had or
may have on account of the events or circumstances giving rise to the seizure of the
Defendant Vehicle.
6.

Upon both parties signing this Agreement, Claimant shall provide the

substitute ,'es immediately. Claimant shall as soon as possible, contact the U.S

3

Case 4:14-cv-00216-LGW-GRS Document 14-2 Filed 05113/15 Page 4 of E

Customs and Border Protection Exodus Team to arrange for an on-site examination
of the Defendant Vehicle at the stuffing location.
7.

This Agreement does not address or purport to address or waive any

tax claims whether federal, state or local, which may be asserted or proposed
against Claimant as a result of the seizure and detention, release and return of any
portion of the Defendant Vehicle.
8.

Claimant acknowledges that he has been represented by competerr:

counsel in connection with the negotiation, preparation and execution of this
Agreement, that its provisions and the legal effect of them have been fully
explained, and that he has entered into this Agreement freely and voluntarily,
without coercion, duress or undue influence.
9.

The parties agree that each party shall bear its own costs and

attorney's fees in this matter.
10.

Each party understands that this Agreement constitutes the entire

agreement between them, that this Agreement has no effect on any potential
criminal action that may be brought by any state or the United States oIAmei'ica
against She rif Shagaya arising out of the facts that gave rise to this forfeiture
action, that no promise or inducement has been made except as is set forth herein,
and that no representation, agreement, promise or inducement, oral or otherwise,
between the parties to this Agreement and not included herein shall be of any force
and effect. The parties agree that this Agreement cannot be used or introduced as
evidence by either party in a subsequent state or federal criminal proceeding.
4

Case 4.14-cv-00216-LGW-GRS Document 14-2 Piled 05113/15 Page 5 of E

11. The terms and conditions of this Agreement shall be binding upon and
AM

for the benetlt of the parties hereto and their respective heirs, executors,

adminnitrators. representtivcs, successors and assigns-

WHEREFORE, the parties stipulate to entry of this Settlement Agreement
and Release of all Claims, in conjunction with the execution of this Se ulen ion t
Av'eement and Release of all Claims. the Government will flue a Motion for Consent,
Order of For&ture and Final Judgment.

EDWARD J. TAR VER
UNITE!) STATES NflOHNE1

i)att.
'iant United States Attorney
a Bar No. 03 141
11. 0. Box $970
Savannah, Georgia :114 12
(912 6-52 - 1429
C

Date:
Donald F. Samuel
Attorney for She nt Shagiwa
Rn No, 432.I47t
C;tr
.'tnd 'mue1 & Loch. P.C.
GA
IL' Drive, N.E.
\tloic a. i.\ 31 30
(2422
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