United States of America v. Vehicle 2004 Infinity, VIN JNRAS08W54X224417 et al

Filing 17

CONSENT JUDGMENT& FINAL ORDER OF FORFEITURE Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Civil No. 10-11947
Plaintiff,
Honorable: Patrick J. Duggan
v
ONE 2004 INFINITY FX-35,
VIN: JNRAS08W54X224417;
ONE 2004 LAND ROVER,
RANGE ROVER HSE, VIN:
SALME11484A153910; AND
ONE MEN’S ROLEX WATCH,
Defendants In Rem.
_____________________________________/

STIPULATION TO REOPEN ADMINISTRATIVELY CLOSED PROCEEDING
AND FOR ENTRY OF CONSENT JUDGMENT AND
FINAL ORDER OF FORFEITURE
NOW COME the Plaintiff, the UNITED STATES OF AMERICA, and Claimant
ADNAN TAGEDDINE, by and through their respective, undersigned counsel, and for their
above-entitled Stipulation, state as follows:
WHEREAS, on or about December 9, 2009, a 2004 Infinity FX-35, VIN:
JNRAS08W54X224417 (hereinafter, the “Defendant Infinity”), was seized pursuant to a
federally authorized warrant by agents of the Internal Revenue Service (“IRS”) from the
residence at 8700 Brandt Street, Dearborn, Michigan.

WHEREAS, on or about December 9, 2009, a 2004 Land Rover, Range Rover HSE,
VIN: SALME11484A153910 (hereinafter, the “Defendant Land Rover”), and One (1) Men’s
Rolex watch (hereinafter, the “Defendant Watch”) were seized pursuant to a federally authorized
warrant by agents of the IRS. The Defendant Land Rover and the Defendant Watch were seized
from the residence at 6177 College Drive, Dearborn Heights, Michigan.
WHEREAS, an administrative claim contesting the forfeiture of the seized Defendant
Land Rover, Defendant Infinity and Defendant Watch was filed with the IRS, by Claimant,
Adnan Tageddine, on or about February 24, 2010;
WHEREAS, the matter was referred by the IRS to the United States Attorney’s office for
judicial forfeiture;
WHEREAS, a Complaint for Forfeiture was filed by the United States on May 13, 2010,
alleging that the Defendant Land Rover, Defendant Infinity and the Defendant Watch were
subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C);
WHEREAS, notice by publication has been completed in this case;
WHEREAS, Claimant ADNAN TAGEDDINE filed a Claim of Ownership as to the
Defendant Land Rover, Defendant Infinity and the Defendant Watch on or about June 22, 2010;
WHEREAS, Claimant, SIKNEH TAGEDDINE filed a Claim of Interest with regard to
the Defendant Land Rover on or about June 22, 2010;
WHEREAS, Claimant, SIKNEH TAGEDDINE has agreed to withdraw her claim(s) to
the Defendant Land Rover, and on or before the execution and submission of this Stipulation
will have executed and submitted for filing with the Court a separate withdrawal of her claim(s)
to the Defendant Land Rover. Thus, she is not named as a claimant in this Stipulation and is not

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designated as a signatory.
WHEREAS, no other verified claims of interest have been filed by any party with the
United States District Court under the Supplemental Rules for Certain Admiralty or Maritime
Claims and Asset Forfeiture Actions, and the time for filing such claims has expired;
WHEREAS, on or around June 24, 2010, this case was stayed during the pendency of
parallel criminal proceedings;
WHEREAS, on or around August 24, 2012, the Court issued an Order Partially Lifting
the stay in this matter and authorized the interlocutory sale of the Defendant Land Rover and the
Defendant Infinity;
WHEREAS, the Defendant Infinity was sold by the IRS pursuant to an order of the
Court.
However, the Defendant Land Rover has not been sold despite many attempts.
WHEREAS, Plaintiff states that storage costs accrued from the time the Defendant
Infinity was seized and until it was sold. The Defendant Land Rover has accrued storage costs
form the time it was seized and continues to do so.
WHEREAS, the parties are aware of their respective rights and have reached a settlement
which is embodied in this Stipulation for Entry of Consent Judgment and Final Order of
Forfeiture, and is intended to resolve all claims and issues between the parties and conclude this
litigation as to the Defendant Land Rover, the Defendant Infinity and the Defendant Watch; now,
therefore;
IT IS HEREBY STIPULATED AND AGREED as follows:
1.

This is a civil in rem forfeiture action brought pursuant to 18 U.S.C.

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§§ 981(a)(1)(A) and 981(a)(1)(C).

2.

This Court has jurisdiction over the subject matter and the parties, and venue over

this action, pursuant to 28 U.S.C. §§ 1345, 1355 and 1395.
3.

The allegations of the Complaint for Forfeiture are deemed to have been well

taken, the United States and its agents are deemed to have had reasonable cause for the seizure of
the Defendant Land Rover, Defendant Infinity and the Defendant Watch as provided in 28
U.S.C. § 2465, and the position of the United States is deemed to have been substantially
justified as set forth in 28 U.S.C. § 2412.
4.

The Claimant shall not claim or seek fees or costs from the United States

under the Civil Asset Forfeiture Reform Act, the Equal Access to Justice Act, or any other act,
statute or regulation.
5.

Plaintiff and ADNAN TAGEDDINE hereby agree that all proceeds realized from

the sale of the Defendant Land Rover are considered “substitute res” for this defendant vehicle.
The parties agree that upon entry of the accompanying Consent Judgment and Final Order of
Forfeiture (“Judgment and Order”) that the Defendant Land Rover and/or any proceeds from its
sale shall be FORFEITED to the United States of America pursuant to 18 U.S.C. §§
981(a)(1)(A) and 981(a)(1)(C). Any right, title or interest of ADNAN TAGEDDINE, his
successors and assigns, and any right, title and interest of all other persons in the Defendant Land
Rover or proceeds from the sale of the Defendant Land Rover, is hereby and forever
EXTINGUISHED. Upon entry of the accompanying Judgment and Order, clear title to the
Defendant Land Rover or proceeds from its sale shall VEST in the United States of America,

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and the IRS or its delegate will be AUTHORIZED to dispose of the vehicle or the proceeds
from its sale (the substitute res) it according to law, including paying storage costs for the
vehicle and costs incidental to its sale.
6.

Plaintiff and ADNAN TAGEDDINE hereby agree that the proceeds from the sale

of the Defendant Infinity, which totaled $12,006.00, are “substitute res” for this defendant
vehicle. The parties agree that upon entry of the Judgment and Order the $12,006.00 shall be
FORFEITED to the United States of America pursuant to 18 U.S.C. §§ 981(a)(1)(A) and
981(a)(1)(C). Upon entry of the accompanying Judgment and Order, clear title to the $12,006.00
shall VEST in the United States of America, and the IRS or its delegate will be AUTHORIZED
to dispose of the proceeds from the sale of the Defendant Infinity (the substitute res) according
to law, including paying storage costs for the vehicle.
7.

Plaintiff and ADNAN TAGEDDINE hereby agree that the Defendant Watch

and/or the proceeds from its sale (the substitute res) shall be FORFEITED to the United States
of America pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C). Any right, title or interest
of ADNAN TAGEDDINE, his successors and assigns, and any right, title and interest of all
other persons in the Defendant Watch and/or the substitute res, is hereby and forever
EXTINGUISHED. Upon entry of the accompanying Judgment and Order, clear title to the
Defendant Watch and/or the proceeds of its sale shall VEST in the United States of America,
and the IRS or its delegate will be AUTHORIZED to dispose of it or the proceeds from its sale
according to law.
8.

ADNAN TAGEDDINE and his successors and assigns, hereby release, remise

and discharge the United States of America and its agencies, including but not limited to the

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United States Department of Justice, the Internal Revenue Service, the U.S. Attorney’s Office,
and any other law enforcement agencies involved in this case or in the underlying investigation,
and their officers, employees, and agents, from any and all actions, causes of action, suits,
proceedings, debts, dues, contracts, judgments, damages, claims, and/or demands whatsoever, in
law or in equity, which claimant, his heirs, successors and assigns ever had, now have, or may
have in connection with this case or the underlying investigation.
9.

Claimant ADNAN TAGEDDINE has discussed this settlement with his counsel

and is aware of his rights in this matter.
10.

The parties agree that each party shall bear their own costs and attorney fees in

this matter.
WHEREFORE, the parties stipulate to entry of this Stipulated Consent Judgment and
Final Order of Forfeiture.
Stipulated and agreed to:
BARBARA L. McQUADE
United States Attorney
s/T.N. Ziedas
T. N. ZIEDAS
Assistant U.S. Attorney
211 W. Fort Street, Ste. 2001
Detroit, MI 48226
[phone]
[P-36453]
[e-mail]

s/Nabih H. Ayad
NABIH H. AYAD, ESQ.
Attorney for Claimants Adnan and
Sikneh Tageddine
2200 Canton Center Road, Suite 220
Canton, Michigan 48187
[phone]
[P-59518]
[e-mail]

Dated: April 16, 2013

Dated: April 16, 2013
s/Adnan Tageddine, see attached signature page
ADNAN TAGEDDINE, Claimant

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Dated: April 15, 2013
**********************************
CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE
Upon the foregoing Stipulation of the parties, and the Court being otherwise fully advised
in the premises; now, therefore;
IT IS SO ORDERED AND ADJUDGED.

S/Patrick J. Duggan
Patrick J. Duggan
United States District Judge
Dated: April 17, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on
April 17, 2013, by electronic and/or ordinary mail.
S/Marilyn Orem
Case Manager
(Consent Judgment and Final Order of Forfeiture [Upon Stipulation]; U.S. v. One 2004 Infinity , et al.
Case No. 10-11947)

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