USA v. $35,955.00 in United States Currency

Filing 24

STIPULATED ORDER FOR FORFEITURE granting 23 Motion for Entry of Stipulated Order of Forfeiture. Signed by Judge David W. Dugan on 10/14/2020. (kll)

Case 3:19-cv-00824-DWD Document 24 Filed 10/14/20 Page 1 of 3 Page ID #50

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
vs.
$35,955.00 IN UNITED STATES
CURRENCY,
Defendant,

LAURIE GAGGERO,
Claimant.

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Case No. 19-cv-824-DWD

STIPULATED ORDER FOR FORFEITURE AND FOR RETURN OF PROPERTY
DUGAN, District Judge:
This matter comes before the Court on the United States of America’s motion for
entry of stipulated order of forfeiture (Doc. 23). The Court GRANTS the motion, to which
Claimant Laurie Gaggero does not object. Upon stipulation by the United States of
America by and through its attorneys, Steven D. Weinhoeft, United States Attorney for
the Southern District of Illinois, and Adam E. Hanna, Assistant United States Attorney,
and Jacek W. Lentz, Attorney for Claimant Laurie Gaggero, the Court hereby FINDS and
ORDERS as follows:
1.

All due notices required by law with respect to the forfeiture have been

provided.

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Case 3:19-cv-00824-DWD Document 24 Filed 10/14/20 Page 2 of 3 Page ID #51

2.

Laurie Gaggero agrees that $29,955.00 of the $35,955.00 claimed by her shall

be forfeited to the United States, and the $29,955.00 is hereby ordered so forfeited. The
United States Marshal shall dispose of the $29,995.00 pursuant to law.
3.

The remaining $6,000.00 shall be returned by the United States to Laurie

Gaggero, through her attorney, and the United States shall not seek any further forfeiture
of the funds based on any activity which occurred prior to the entry of this Order. The
funds shall be transferred to the client trust account of Claimant’s attorney, Jacek W.
Lentz. The return of the funds shall be processed through, and is subject to, the Treasury
Offset Program, which will mean that the $6,000.00 can and will be used towards
satisfying other outstanding debts, if any, of Laurie Gaggero to the United States with
only the balance, if any, of the $6,000.00 to be returned to the claimant through her
attorney.
4.

No other party has filed a claim to the subject funds as required by law in

this judicial civil forfeiture proceeding. The funds are subject to forfeiture pursuant to 21
U.S.C. § 881(a)(6), and the time for any other party to file a claim to the subject funds has
expired under 18 U.S.C. § 983(a)(2)(A)-(E).
5.

This Order does not resolve, affect, or determine the income tax liabilities,

if any, of the claimant with respect to any of the funds, and the United States is making
no representations herein concerning those liabilities, if any.
6.

The agreement between the parties does not constitute any admission of

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Case 3:19-cv-00824-DWD Document 24 Filed 10/14/20 Page 3 of 3 Page ID #52

wrongdoing or fact by Claimant or any other party except as otherwise expressly
provided herein. This agreement is not admissible in any proceeding, civil or criminal,
except for purposes of enforcing or interpreting the terms of the agreement.
7.

Laurie Gaggero releases and holds harmless the United States of America,

all officers, agents, employees, and attorneys of the United States of America, and any
other law enforcement officers, from any and all damages or causes of action arising from
the seizure of any of the subject-matter currency and the institution of forfeiture
proceedings against the currency, including, but not limited to, any damages for loss of
any interest, attorneys fees, or litigation costs, further including, but not limited to, any
amounts which could be imposed under 28 U.S.C.

2465(b)(1). The parties stipulate,

and the Court so finds, that there is reasonable cause for the seizure of the subject-matter
property and that this order may serve as a certificate of reasonable cause pursuant to 28
U.S.C.

2465(a)(2).
SO ORDERED.
Dated: October 14, 2020
______________________________
DAVID W. DUGAN
United States District Judge

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