United States of America v. Blake

Filing 5

STIPULATED JUDGMENT: in favor of United States of America against Nancy C. Blake. Signed by Senior Judge Frederick J. Scullin, Jr. on 6/8/2017. (nmk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
Plaintiff,
Civil Action No. 5:17-CV-616 (FJS/ATB)
V.

NANCY C. BLAKE,
Defendant.
STIPULATED JUDGMENT
WHEREAS:
A.

The United States has filed a Complaint alleging that Nancy C. Blake owes the

United States civil penalties of up to $300,000.00 for violations of the Controlled Substances
Act, 21 U.S.C. § 801 et seq.; and
B.

The parties have entered into a written Stipulation for Compromise Settlement,

which is incorporated herein by reference.
THEREFORE, the United States and Blake agree as follows:
1.

Defendant consents to this Stipulated Judgment in the United States District Court

for the Northern District of New York in favor of the United States upon the terms stated here.
2.

Upon execution by Defendant of this Stipulated Judgment, Defendant will pay the

United States, in full and complete settlement of the United States' claims for matters alleged in
the Complaint, the amount of $50,000.00 as follows: $50.00 per month starting on July l , 2017
and continuing for so long as Defendant's financial circumstances do not materially improve as
compared to those circumstances reflected in a Financial Statement oflndividual Debtor provided
by Defendant to the United States Attorney's Office for the Northern District of New York on or
about April 30, 2017. Defendant acknowledges that the United States' agreement to the payment
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terms set forth in the Stipulation for Compromise Settlement (including payment over time) was
made in reliance upon Defendant's representations (including Defendant's Financial Statement of
Individual Debtor).
3.

Defendant agrees to submit financial disclosure forms, in the format provided by

the United States Attorney's Office for the Northern District of New York, on at least a semiannual basis (in January and July of each year, starting in January 2018) until the obligation is paid
in full. The United States Attorney's Office for the Northern District of New York may, in its sole
and exclusive discretion, require Defendant to increase the monthly payment if and as her financial
condition improves and/or may impose interest on any unpaid obligation until the entire obligation
has been paid. Defendant agrees to make any increased monthly payment and agrees to any
interest rate increase that results in a total interest rate of equal to or less than the 9% interest rate
set forth within the New York Civil Practice Law and Rules. The United States will notify
Defendant in writing of any change in the required monthly payment and/or interest rate, which
change shall not take effect until the third month after such notification is sent.
4.

The United States will record this Stipulated Judgment as a lien against real

property with a common street address of 7744 Sotherden Drive, Liverpool, New York, jointly
owned by Defendant and Paul Bleiweiss.
5.

Provided Defendant remains current on her payment obligations as set forth in

Paragraph 2 of this Stipulated Judgment and the Stipulation for Compromise Settlement, including
but not limited to making any increased payments that may be required in light of a change in
Defendant's financial circumstances, the United States will not take any action to enforce this
Stipulated Judgment other than as set forth herein in Paragraph 4 and in the Stipulation for
Compromise Settlement.

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6.

Defendant shall be deemed in default of the Stipulation for Compromise Settlement

and this Stipulated Judgment if she is late with a payment due hereunder (i.e. it is received after
the first business day of each month) and that payment is not received within a five (5) day grace
period.
7.

Upon default, the United States may exercise at its sole discretion one or more of

the following rights as applicable: (a) declare the Stipulation for Compromise Settlement breached
and proceed against Defendant for any claims, including those to be released by the Stipulation for
Compromise Settlement; (b) take any action to execute and collect on this Stipulated Judgment
against Defendant; (c) file an action for specific performance of the Stipulation for Compromise
Settlement; or (d) exercise any other right granted by law, or under the terms of the Stipulation for
Compromise Settlement, this Stipulated Judgment, or recognizable at common law or in equity.
8.

otwithstanding the semi-annual financial reporting obligation set forth in

Paragraph 3 herein and in the Stipulation for Compromise Settlement, Defendant shall keep the
United States currently informed in writing of any material change in her financial situation or
ability to pay, and of any change in her operations, place of business, telephone number, and
residence.
9.

Upon payment in full , the United States shall file a Satisfaction of Judgment with

the District Court and the appropriate Clerk of all counties in which any transcript of judgment has
been filed.
10.

The Court shall retain jurisdiction to enforce the provisions of this Stipulated

Judgment.
11.

The Clerk of the Court shall mail or deliver copies of this Stipulated Judgment to:

(a) Nancy C. Blake, P.O. Box 532, Liverpool, NY 13088; and (b) Michael D. Gadarian, Assistant

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:r

United States Attorney, 100 South Clinton Street, P.O. Box 1798, Syracuse, New York 132617198.

The undersigned have read each paragraph of this document and stipulate, agree and
consent to the foregoing terms contained herein as the Judgment of the Court.

[SIGNATURE PAGE BELOW]

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UNITED STATES OF AMERICA

RICHARDS. HARTUNIAN
United States Attorney

Dated: ~

2017

an
Assistant United States A
Bar Roll No. 517198

CONSENTED AND STIPULATED TO BY:

Dated:
Sworn to before me this ~
day of -~ -.2017
A GELA M BOLES
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Notary P
ublic, S of NewY
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Q in Onondaga Co. No. 01806074211
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ommission Expires May 13, 20 J.j_

ORDER

Good cause appearing, IT IS ORDERED that judgment be entered in favor of the United
States, and against Defendant Nancy C. Blake, according to the terms agreed upon by the parties
and set forth herein.

June 8, _ ___, 2017
Dated: _ __ 2017
United States District Judge

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