United States of America v. Real property commonly known as 31 Stone Road, Voorheesville, New York 12186
Filing
19
STIPULATION AND SETTLEMENT AGREEMENT. Upon receipt of Claimant's payment of $91,770.36 in U.S. currency, the Government will submit to the court a proposed order of Forfeiture and Judgment for the forfeiture of the $91,770.36 in lieu of the forfeiture of the Defendant Real Property. If payment of the $91,770.36 in U.S. currency is not received by the United States on or before May 15, 2024 and pursuant to the terms set forth herein, the United States may, at its op tion, file a Status Report advising the Court that Claimant is in breach of the Stipulation and Settlement Agreement and request issuance of a new deadline for the filing of its responses to Claimant's counterclaims, and will resume civil forfeiture proceedings against the Defendant. IT IS SO ORDERED. Signed by U.S. District Judge Glenn T Suddaby on 3/27/2024. (sal )
UNITED STATES DISTRICT COURT
NORTIIERT'i DISTRICT OF NEW YORK
Civil Action
)
UNITED STATES OF AMERICA,
No.
1:23-cv-1195 (GTS/CFH)
)
)
)
PIaintiff
v.
)
3l
)
Stone Road, Voorheesville. New York
)
)
)
Rcal property commody known as
12186,
Defendant.
s TIPTILATION AND
EMENT AGR]IU,MENT
SF]
WHEREAS, this Stipulation and Settlement Agreement is entered into by and between
the United states of America, actiag through united states Attomey Carla B. Freedman and
Assistant united stal€s Attomey Elizabeth
A. conger, and
Jake Hackstadt ('claimanf),
collectively refened to as "the Parties";
wrrEREAs, on
September
21
, 2023 , the govemment brought this civil forfeiture action
against the real property commonly known as 31 stone Road. voorheesville, New
york
121g6
(the "Defendant Real Property") pursuant to 18 U.S.C. gg 981(a)(1)(A), (C), and (D) as the
proceeds of, and property involved in, violations
of
I8
u.s.c.
gS 1343 (wire fraud), 1956 (money
laundering) utd 1957 (engagiag in monetary transactions in property derived from specified
unlawhll activily), and Rule G of the Supplemental Rules for cerain Admiralty or Maritime
Claims and Asset Forfeiture Actions ("supplemental Rule G"), (ECF No. 1);
WHEREAS, the government filed an Amended Verified Complaint for Forfeiture in Xeril
on Septmb€r 29, 2023, (ECF No. 5);
WHEREAS, claimant filed
25,2023,(ECFNo. 10);
a
Verified claim to the Defendant Real property on october
WHEREAS, Claimant hled a Verified Answer to the govemment,s Amended Verified
Complaint by and through his counsel, Attomey Brian W. Devane, on November 15, 2023, (ECF
No. 13);
WHEREAS, the Parties, desiring settlement of this matter without the need for further
litigation, agree to resolve this matter pursuant to the following terms:
IT IS AGREED AND STIPULATED
1.
thAt:
Claimant agrees to pay the United States of America $91,770.36 in U.S. crurency
in lieu ofthe govemment's forfeiture ofthe Defendant Real Property.
2.
Payment of the $91,770.36 in U.S. currency shall be made to the United States
of
America through a single payment paid on or before Ma), 15.2024 in the fotlowing manner: by
a cashier's check made payable to the
u.S. Marshals Service and mailed by ovemight mail to the
United States Marshals Service, Northem Disrict of New York, PO B ox7260,100 Sou& Clinton
Street, Syracuse, New York
3.
govemment
1
Upon receipt
3
26 1 , to the attention
of
of Scarleft Nordman.
Claimant's payment
of
$91,770.36
in U.S. cunency, the
will submit to rhe court a proposed order of Forfeiture and
Judgment for the
forfeiture ofthe 991,770.36 in lieu of the forfeiture of the Defendant Real property.
4.
fiie for
Upon the issuance ofthe Order ofForfeiture and Judgement, the United States
a release
of the
lis pendens
filed upon the Defendant Real prope(y in the county
the Defendant Real Property sits and, upon receipt of said release,
Claimant agrees that he has not substantially prevailed in this matter.
2
',,!'here
will file notice of the release
of the lis pendens on the docket in the above-captioned matter.
5.
will
6.
This Stipulation and Settlement Agreement is govemed by the laws of the United
States. The exclusive jurisdiction and venue
for any dispute relating to this Stipulation
and
Settlement Agreement is the United States District Court for the Northem District of New york.
7.
For puposes of construing this Stipulation and Setflement Agreement, it shall be
deemed to have been drafted by all Parties to this Stipulation and Settlement Agreement and shall
not, therefore, be construed against any Party for that reason in any subsequent dispute.
8.
claimant hereby releases and forever discharges the United States, its Agencies,
their officers, agonts, servaDts and employees, as well as their heirs, successors, or assigns, from
any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments,
damages, claims and/or demands whatsoever in law or equity which they or their successors, or
assigns ever had, now have, or may have in the future in connection with the above-captioned
civil
forfeiture matter.
9
claimant f,rther agrees to indemni&, hold harmless, and save the united States, its
Agencies, their officers, agents, servants and employees, and their heirs, sucoessors, or assigns,
from any other claims or litigation, including costs and expenses for or on account ofany lawsuits
or claims of any character whatsoever in connection with the above-captioned civil forfeiture
matter.
10.
This Stipulation and Settlement Agreement constitutes the complete agreement
between the Parties and may not be amended excepr by written consenl
11.
ofboth parties.
The undersigrred parties and individuals represent and warrant that they are fully
authorized to execute this Stipulation and Settlement Agreement on behalf of the persons and
entities indicated below.
)
12,
This Stipulation and Settlement Agreement may be executed in counterparts, each
of which constitutes an original and all of which constitute one and the same Stipulation
and
Settlement Agreement.
13.
This Stipulation and Settlement Agreement is binding on the Claimant's
successors, transferees, heirs, and assigns.
14.
Ifpayment ofthe $91,770.36 in U.S. currency is not received by the United States
on or before Mav 15. 2024 and pursuant to the terms set forth herein, the United States may, at
its option, file a Status Report advising the Court that Clairnant is in breach of the Stipulation and
Settlement Agreement and request issuaace of a new deadline for the filing of its responses to
Claimant's counterclaims, and will resume civil forfei&re proceedings against the Defendant
Real Property.
15.
Claimant's breach ofthe Stipulation and Settlement Agreement shal1 render null
and void the govemment's requirement to perform any of its obligations set forth in paragraphs
3 and 4, supra.
16.
This Stipulation and Settlement Agreement shall be effective as ofthe last date on
which the Parties sign on the lines provided below.
Execuredthis2l, aayot
ilA-fL
.zoz+
CARLAB. FREEDMAN
Unite d States Attorney. N.D.N.Y.
100 South Clinton Street
Syracuse, Ncw York 13261-7198
A. Conger
Assistant United S tates Attorne-y
tsar Rotl No. 520872
EI
4
Iixccltcd this J
\
duy
or
&At(h
.
zozt
J
Exccuted rrris
di
day
of
A,lnrth
2024.
!k'n" N.hqbrr.a
Brian W. Dcvane, Iisg.,
Attorney for Cleimant
^
125 Adanrs Sfreer
Delnar, New York 12054
Bar l{oll No. 501138
SO ORDERED:
l'lon- Glemr T, Suddaby
United Statss Di$t ct Coun Judge
Dated:
March 27
20?4
Syracuse, lierv York
5
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