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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I 2 3 STEVEN W. MYHRE Acting United States Attomey District of Nevada MICHAEL A. HUMPHREYS 6 Assistant United States Aftomey 501 Las Vegas Boulevard South, Suite I 100 Las Vegas, Nevada 89101 Telephone: 7 02-388-6336 Facsimile: 7 02-388-67 87 Email: Michael.humphreys@usdoj.gov 7 Attorneys 4 5 for the United States of America. 8 9 l0 I.'NITED STATES DISTRICT COURT ll DISTRICT OF NEVADA t2 IJNITED STATES OF AMERICA, Plaintiff, l3 t4 l5 32,75O.OO IN UNITED STATES CURRENCY, l6 Defendant. 1329 ) _____ Case No: 2:13-CV-0031I-RFB (VCF) ) ) Stipulated Settlement Agreement for ) Payment of Fees and Costs ) ) ) ) ) ) 17 l8 The Unitcd States of America, by and through Steven W. Myhre, Acting United States l9 Attomey for the District of Nevada, and Michael A. Humphreys, Assistant United States 20 Attorney, and Fabian Garcia, Sr. (Garcia Sr.), Fabian Garcia, Jr. (Garcia Jr.) (collectively the 2l Claimants), and their counsel, John J. Leunig, stipulate and agree as follows: 'r) 23 STIPT'LATIONS I. On July 25, 2013, the United States of America filed its complaint for forfeiture 24 against $32,750.00 seized from Garcia Jr. on March 2,2013. Garcia Jr. (the driver) and Garcia ,( Sr. (not on the scene of the stop) filed claims alleging that the currency belonged to Garcia Sr., 26 and that it was derived from a legitimate source. 2. At I the conclusion of discovery, the Claimants filed a motion to suppress evidence, 2 which was granted by the District Court on July 28, 2016. Pursuant to that court order, and J waiving appeal, the Govemment has agreed to conclude the case by returning the seized 4 curency to the Claimants. 3. In addition, pursuant to 28, U.S.C. $ 2465(b)(l ), the parties 5 have agreed to resolve 6 their differences regarding the Government's statutorily-imposed obligation to compensate the 7 Claimants for their claimants' attomeys' fees and associated litigation costs as specified by, and 8 limited to, the terms and conditions below: AGREEMENT 9 l. 10 The United States agrees to a one-time, lump-sum payment, to the Claimants or their 1l attomeys, ofone hundred and fifteen thousand ($115,000.00) dollars, in resolution ofany and all 12 constitutional, legal and/or equitable claims, demands, interest, penalties and any and all 13 circumstances ofcompensation for the payment of Claimants' professional fees and costs as l4 relates to, and limited by, the legal, factual and equitable claims raised by the issues of the 15 above-captioned lawsuit. 16 2. Claimants knowingly and voluntarily acknowledge, understand, and agree that (a) 17 federal law requires the Departrnent of the United States Treasury and other disbursing officials l8 to offset federal payments to collect delinquent tax and non-tax debts owed to the United States if t9 and to individual states (including past-due child support); (b) 20 to be made pursuant to this ageement, they will receive a notification from the Departrnent ol 2l the United States Treasury at the last address provided by them to the govemmental agency ot 22 entity to whom the offset payment is made; (c) if they believe the payment may be subject to an 23 offset, they may contact the Treasury Department at t-800-304-3107; (d) the terms of this 24 settlement do not affect the tax obligations fines, penalties, or any other monetary obligations 25 owed to the United States or an individual state; and (e) the exact sum delivered to their attomey, 26 /il 2 an offset occurs to the payment I on behatf of them may well be a lesser sum, if the Treasury Offset Program reduces the amount 2 in satisfaction ofa debt obligation. 3. 3 After the District Court has signed this Stipulated Settlement Agreemen! within a 4 practicable time thereafter, the United States agrees to deliver to the Claimants one payment of 5 one hundred and fifteen thousand dollars ($115,000.00), less any debt owed to the United States, 6 any agency of the United States, or any debt in which the United States is authorized to collect, 7 through their attomey. Claimants knowingly and voluntarily agree to 8 the United States Treasury Automated Clearing House ("ACH") form accurately and correctly 9 and submit it to the United States Attomey's Office so that the payment of the money can be 10 4. Each party acknowledges and warrants that its execution t2 Agreement is free of the Settlement and is voluntary. 5. This Stipulated Settlement Agreement contains the entire agreement between the 6. 13 l5 out the Depaftnent of disbursed by electronic fund fiansfer to their attomey's client trust account. l1 14 fill Except as expressly stated in this Stipulated Settlement Agreement, no party, omcer, parties. 16 agent, employee, representative, or attomey has made any statement or representation to any 17 other party, person, or entity regarding any fact relied upon 18 Settlement Agreement, and no party, oflicer, agent, employee, representative, or attomey relies l9 on such statement or representation in executing this Stipulated Settlement Agreement. in entering into the Stipulated 20 7. The persons signing this Stipulated Settlement Agreement warrant and represent that 21 they have full authority to execute this Stipulated Settlement Agreement and to bind the persons 22 and/or enlities, on whose behalf they are signing, to the terms of this Stipulated Settlement 23 Agreement. 24 8. This Stipulated Settlement Agreement shall be construed and interpreted according to 25 federal forfeiture law and federal cornmon law. The jurisdiction and the venue for any dispute 26 related to, and/or arising from, this Stipulated Settlement Agreement is the unofficial Southern 3 I Division of the United States District Court for the District of Nevada" located in Las Vegas, 2 Nevada. 9. 3 4 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 23 ilt /il lil ill /il ilt ilt ill ilt ilt ill ilt ilt ilt t/l t/l ilt ilt ilt 24 ilt 5 6 7 8 9 10 1l t2 13 t4 15 l6 17 l8 l9 20 2l 22 25 26 ill ilt 4 I primarily by counsel for one of the parties; it being recognized that both parties have contributed 2 substantially and materially to the preparation ofthis Stipulated Settlement Agreement. l*ir 3 4 J. LEUNIG 5 6 7 C CLAIMA D o9 8 9 l0 cl ll IAN GARCIA, S ant DATED: t2 r3 t4 FABIAN GARCIA, JR. Claimant l5 DATED: 1 ts t6 t7 lrc STEVEN W. MY RE Acti ted Attomey l8 t9 Michael A. Humphreys Assistant United States Attomey 20 2l )') DATED: t {,)a 23 t7 IT IS SO ORDERED: 24 ___________________________ RICHARD F. BOULWARE, II United States District Judge ffi 25 26 DATED: DATED: September 22, 2017. 5

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