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