United States of America v. $32,750.00 in United States Currency

Filing 67

ORDER Granting 64 Stipulated Settlement Agreement for Payment of Fees and Costs. Signed by Judge Richard F. Boulware, II on 9/22/2017. (Copies have been distributed pursuant to the NEF - SLD)

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STEVEN W. MYHRE
Acting United States Attomey
District of Nevada

MICHAEL A. HUMPHREYS

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Assistant United States Aftomey
501 Las Vegas Boulevard South, Suite I 100
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 7 02-388-67 87
Email: [e-mail]

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Attorneys

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for the United States of America.

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I.'NITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

t2 IJNITED STATES OF AMERICA,
Plaintiff,

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32,75O.OO IN UNITED STATES
CURRENCY,

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Defendant.

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Case No: 2:13-CV-0031I-RFB (VCF)
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Stipulated Settlement Agreement for
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Payment of Fees and Costs
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The Unitcd States of America, by and through Steven W. Myhre, Acting United States

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and Michael A. Humphreys, Assistant United States

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Attorney, and Fabian Garcia, Sr. (Garcia Sr.), Fabian Garcia, Jr. (Garcia Jr.) (collectively the

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Claimants), and their counsel, John J. Leunig, stipulate and agree as follows:

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STIPT'LATIONS

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On July 25, 2013, the United States of America filed its complaint for forfeiture

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against $32,750.00 seized from Garcia Jr. on March 2,2013. Garcia Jr. (the driver) and Garcia

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Sr. (not on the scene of the stop) filed claims alleging that the currency belonged to Garcia Sr.,

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and that it was derived from a legitimate source.

2. At

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the conclusion of discovery, the Claimants filed a motion to suppress evidence,

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which was granted by the District Court on July 28, 2016. Pursuant to that court order, and

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waiving appeal, the Govemment has agreed to conclude the case by returning the seized

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curency to the Claimants.

3. In addition, pursuant to 28, U.S.C. $ 2465(b)(l ), the parties

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have agreed to resolve

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their differences regarding the Government's statutorily-imposed obligation to compensate the

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Claimants for their claimants' attomeys' fees and associated litigation costs as specified by, and

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limited to, the terms and conditions below:

AGREEMENT

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The United States agrees to a one-time, lump-sum payment, to the Claimants or their

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attomeys, ofone hundred and fifteen thousand ($115,000.00) dollars, in resolution ofany and all

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constitutional, legal and/or equitable claims, demands, interest, penalties and any and all

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circumstances ofcompensation for the payment of Claimants' professional fees and costs as

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relates to, and limited by, the legal, factual and equitable claims raised by the issues of the

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above-captioned lawsuit.

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2. Claimants knowingly and voluntarily acknowledge, understand, and agree that (a)

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federal law requires the Departrnent of the United States Treasury and other disbursing officials

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federal payments to collect delinquent tax and non-tax debts owed to the United States

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and to individual states (including past-due child support); (b)

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to be made pursuant to this ageement, they will receive a notification from the Departrnent ol

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the United States Treasury at the last address provided by them to the govemmental agency ot

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entity to whom the offset payment is made; (c) if they believe the payment may be subject to an

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offset, they may contact the Treasury Department at t-800-304-3107; (d) the terms of this

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settlement do not affect the tax obligations fines, penalties, or any other monetary obligations

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owed to the United States or an individual state; and (e) the exact sum delivered to their attomey,

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an offset occurs to the payment

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on behatf of them may well be a lesser sum, if the Treasury Offset Program reduces the amount

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in satisfaction ofa debt obligation.

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After the District Court has signed this Stipulated Settlement Agreemen! within a

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one hundred and fifteen thousand dollars ($115,000.00), less any debt owed to the United States,

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any agency of the United States, or any debt in which the United States is authorized to collect,

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through their attomey. Claimants knowingly and voluntarily agree to

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the United States Treasury Automated Clearing House ("ACH") form accurately and correctly

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and submit it to the United States Attomey's Office so that the payment of the money can be

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Each party acknowledges and warrants that its execution

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of the Settlement

and is voluntary.

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This Stipulated Settlement Agreement contains the entire agreement between the

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out the Depaftnent of

disbursed by electronic fund fiansfer to their attomey's client trust account.

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Except as expressly stated in this Stipulated Settlement Agreement, no party, omcer,

parties.

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agent, employee, representative, or attomey has made any statement or representation to any

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other party, person, or entity regarding any fact relied upon

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Settlement Agreement, and no party, oflicer, agent, employee, representative, or attomey relies

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on such statement or representation in executing this Stipulated Settlement Agreement.

in entering into the

Stipulated

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7. The persons signing this Stipulated Settlement Agreement warrant and represent that

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they have full authority to execute this Stipulated Settlement Agreement and to bind the persons

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and/or enlities, on whose behalf they are signing, to the terms of this Stipulated Settlement

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Agreement.

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8. This Stipulated Settlement Agreement shall

be construed and interpreted according to

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federal forfeiture law and federal cornmon law. The jurisdiction and the venue for any dispute

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related to, and/or arising from, this Stipulated Settlement Agreement is the unofficial Southern

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Division of the United States District Court for the District of Nevada" located in Las Vegas,

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Nevada.

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This Stipulated Settlement Agreement shall not be construed more srictly against

one party than against the other merely by virtue of the fact that it may have been prepared

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primarily by counsel for one of the parties; it being recognized that both parties have contributed

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substantially and materially to the preparation ofthis Stipulated Settlement Agreement.

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J. LEUNIG
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C

CLAIMA

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IAN GARCIA,

S

ant

DATED:

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FABIAN GARCIA, JR.
Claimant

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DATED: 1 ts

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STEVEN W. MY RE
Acti
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Attomey

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t9 Michael A. Humphreys

Assistant United States Attomey

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DATED:

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IT IS SO ORDERED:

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___________________________
RICHARD F. BOULWARE, II
United States District Judge

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DATED:

DATED: September 22, 2017.
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