United States of America v. Currency $10,349

Filing 14

STIPULATION AND AGREEMENT FOR ENTRY OF CONSENT JUDGMENT, and Final Order of Forfeiture Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Civil Case No. 14-13363
Plaintiff,
Honorable Robert H. Cleland
vs.
TEN THOUSAND THREE HUNDRED
FORTY NINE DOLLARS ($10,349.00)
IN U.S. CURRENCY,
Defendant in Rem.
_________________________________/
STIPULATION AND AGREEMENT FOR ENTRY OF
CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE
Plaintiff, the United States of America (hereinafter the “United States”), by
and through its counsel, Barbara L. McQuade, United States Attorney for the
Eastern District of Michigan, and Philip A. Ross, Assistant United States Attorney,
and claimant, SHANTE PRUITT, by and through her attorney, Ben M. Gonek,
Esq., (the United States and SHANTE PRUITT shall be referred to collectively as
“the Parties”) enter into this Stipulation and Agreement for Entry of Consent
Judgment and Final Order of Forfeiture as to Defendant Ten Thousand Three
Hundred Forty Nine Dollars ($10,349.00) in U.S. Currency, (the “Defendant

Currency”) under the terms and conditions hereinafter set forth:
Agents with the United States Drug Enforcement Administration (“DEA”),
and other law enforcement agencies seized the Defendant Currency while executing
a state search warrant at SHANE PRUITT’s home located on Rutland Street in
Detroit, Michigan on or about April 25, 2014;
SHANTE PRUITT filed an administrative claim with the DEA, and
thereafter, DEA referred the matter to the United States Attorney’s Office for
judicial forfeiture;
On August 29, 2014, the United States filed a civil judicial forfeiture
complaint against the Defendant Currency pursuant to 21 U.S.C. Section 881(a)(6)
(Docket #1) (the “Complaint”);
The United States filed its Declaration of Publication of the civil judicial
forfeiture action on or about December 2, 2014 (Docket #11);
On October 14, 2014, SHANTE PRUITT filed a Verified Notice of Claim
(Docket #6) and on October 21, 2014 filed an Answer to the Complaint for
Forfeiture (Docket #7 );
No other verified claims of interest have been filed by any party in the civil
judicial forfeiture action, and the time for filing such claims has expired;

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The Parties are aware of their respective rights and wish to resolve this action
without further litigation and expense;
NOW, THEREFORE, the Parties hereby stipulate and agree as follows:
1.

This action is an in rem civil forfeiture action brought pursuant to 21

U.S.C. Section 881(a)(6).
2.

The Court has jurisdiction and venue over this action pursuant to 28

U.S.C. Sections 1345, 1355(b)(1)(A), 1391(b)(2), and 1395(b).
3.

The allegations of the Complaint are well taken and the United States

and its agents had reasonable cause to seize the Defendant Currency, as provided in
28 U.S.C. Section 2465. The position of the United States and its agents and
employees in this action was and remains substantially justified as set forth in 28
U.S.C. Section 2412. SHANTE PRUITT shall not claim or seek attorneys’ fees
and costs in connection with this action and knowingly and voluntarily waives any
and all claims she may have for attorneys’ fees and costs, whether under the Civil
Asset Forfeiture Reform Act of 2000, the Equal Access to Justice Act, or any other
statute, rule or regulation.
4.

The Parties stipulate and agree that the following shall be

FORFEITED to the United States pursuant to 21 U.S.C. Section 881(a)(6): Eight
Thousand Three Hundred Forty Nine Dollars ($8,349.00) of the Defendant
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Currency seized on or about April 25, 2014, plus any interest accrued since the
seizure date on the total amount of Defendant Currency (hereinafter, the “Forfeited
Currency”). Any right, title or ownership interest of SHANTE PRUITT and her
agents, successors, assigns, and any right, title or ownership interest of all other
persons, in the Forfeited Currency is hereby and forever EXTINGUISHED and
clear title and all interest in the Forfeited Currency shall VEST in the United States,
and the United States Marshals’ Service (“USMS”), or its delegate, is
AUTHORIZED to dispose of the Forfeited Currency according to law.
5.

Pursuant to this Stipulation and Agreement, SHANTE PRUITT agrees

to WITHDRAW any and all claims she has made for the Defendant Currency,
including any administrative claims of interest and petitions for remission or
mitigation filed with DEA.
6.

The Parties stipulate and agree that the following shall be

RETURNED to SHANTE PRUITT: Two Thousand Dollars ($2,000.00) of the
Defendant Currency seized on or about April 25, 2014. The United States agrees to
release this amount, $2,000.00, to SHANTE PRUITT, less any debt owed to the
United States, any agency of the United States, or any other debt which the United
States is authorized to collect from SHANTE PRUITT, including but not limited to,
any debts that the United States may collect through the Treasury Offset Program
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(the “Returnable Amount”). Following entry of this Stipulation and Agreement by
the Court, and after SHANTE PRUITT’s attorney has supplied the United States
with SHANTE PRUITT’s social security number, EIN number and the Automated
Clearing House (“ACH”) information for electronic deposit of the Returnable
Amount, the United States Department of Treasury, or its delegate, shall disburse the
Returnable Amount to SHANTE PRUITT through the Electronic Payment System
(“EPS”) by electronic deposit into SHANTE PRUITT’s attorney’s IOLTA account.
7.

Upon signing below, SHANTE PRUITT agrees to unconditionally

release, remise and forever discharge the United States, and its agencies, agents,
officers, and employees, past and present, and all other persons, including but not
limited to, agents and employees of DEA, the United States Attorney’s Office, the
USMS, any individual local law enforcement officers, departments or agencies, and
any other persons who participated in or assisted in any aspect of this action and
underlying investigation, from any and all actions, claims, causes of action, suits,
proceedings, debts, dues, contracts, judgments, damages, and/or demands in law or
equity, which SHANTE PRUITT, and/or her assignees, agents, officers, employees,
heirs, or successors in interest had, now has or may have against the United States
and its agencies, agents, officers, employees, past and present, and other persons
involved in the seizure or forfeiture of the Defendant Currency, for, or on account of,
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the incidents or circumstances giving rise to any aspect of the seizure, investigation,
or forfeiture proceedings.
8.

The Parties agree that this Stipulation and Agreement applies

exclusively to the asset forfeiture matters arising from the seizure of the Defendant
Currency, and in no manner immunizes SHANTE PRUITT from criminal
prosecution for any illegal conduct associated with the Defendant Currency.
9.

By signing this Stipulation and Agreement, SHANTE PRUITT

declares that she has read the terms of this Stipulation and Agreement, has consulted
with her attorney, and fully understands the terms, conditions, and consequences of
this Stipulation and Agreement and that she is aware of her rights in this forfeiture
action.
10.

The Parties stipulate and agree that each side shall bear its own costs

and attorneys’ fees in this action.
11.

This Stipulation and Agreement encompasses the full agreement of the

Parties regarding the Defendant Currency.
12.

Upon entry of this Stipulation and Agreement for Consent Judgment

and Final Order of Forfeiture, this case shall be DISMISSED WITHOUT
PREJUDICE.
WHEREFORE, the Parties stipulate and agree to entry of this Stipulation and
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Agreement for Consent Judgment and Final Order of Forfeiture.
Agreed as to form and substance:
BARBARA L. McQUADE
United States Attorney

s\Philip A. Ross
PHILIP A. ROSS
Assistant United States Attorney
211 W. Fort Street, Suite 2001
Detroit, Michigan 48226
[phone]
[e-mail]
[VA Bar No.70269]

s\Ben M. Gonek
BEN M. GONEK, ESQ.
Attorney for Shante Pruitt
500 Griswold, Suite No. 3500
Detroit, Michigan 48226
[phone]
[e-mail]
[P-43716]

Dated: February 10, 2015

Dated:
s\Shante Pruitt, please see attached page
SHANTE PRUITT
Claimant
Dated:

******************************************************************
IT IS SO ORDERED:
s/Robert H. Cleland
Dated: February 26, 2015
HONORABLE ROBERT H. CLELAND
United States District Court Judge

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