United States of America v. $7,870,530.02 Formerly on deposit at BBVA Compass Bank in Account Number 2525668196, held in the name of Quad Graph et al

Filing 3

STIPULATION AND ORDER: Andy Surface waives any claim to the Defendant Funds. In any administrative or judicial forfeiture proceedings concerning the Defendant Funds, Andy Surface shall not (a) file any petition or claim concerning the Defendant Funds, (b) cause a claim or petition concerning the Defendant Funds to be filed on his behalf, or (c) assist any other person in filing or asserting a petition or claim concerning the Defendant Funds. Andy Surface is hereby barred from asserting, or assisting others in asserting, any claim against the United States or any of its agents and employees (including, withou~ limitation, the United States Attorney's Office for the Southern District of New York ("USAO-SDNY") and the United States Secret Service ("USSS"}, and any agents and employees of the the USAO-SDNY and the USSS), in connection with or arising out of the seizure, restraint, and/or constructive possession of the Defendant Funds, including, but not limited to, any claim that there was no probable cause to seize the Defendant Funds, that Andy Surface is a prevailing party, or that Andy Surface is entitled to attorney's fees or any award of interest. (Signed by Judge Jed S. Rakoff on 4/23/2011) (jpo)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT O"F NEW YORK

- - x
UNITED STATES OF AMERICA,
Plaintiff,
STIPULATION AND ORDER

- v. ­
11 civ. 2187 (JSR)

$7,870,530.02 FORMERLY ON DEPOSIT AT
BBVA COMPASS BANK IN ACCOUNT NUMBER
2525668196, HELD IN THE NAME OF QUAD
GRAPH, and
$47,137.91 FORMERLY ON DEPOSIT AT
BBVA COMPASS BANK IN ACCOUNT NUMBER
2525763350, HELD IN THE NAME OF ANDY
SURFACE;
Defendants in-rem.

- - - -

-x

WHEREAS, on March 3D, 2011,

th~e~u:n~it~e=d:=S~ta~t=e=s~"=O;f~~~~:U

America brought this action pursuant to Title 18, United States
Code, Section 981{a) (1) (A) by the filing of a Verified Complaint
seeking the forfeiture of the following:
$7,870,530.02 FORMERLY ON DEPOSIT AT BBVA
COMPASS BANK IN ACCOUNT NUMBER 2525668196,
HELD IN THE NAME OF QUAD GRAPH (the "Quad
Graph Account"), and

$47,137.91 FOru.1ERLY ON DEPOSIT AT BBVA
COMPASS BANK IN ACCOUNT NUMBER 2525763350,
HELD IN THE NAME ANDY SURFACE (the \\Surface
Account" )
(together, the "Defendant Funds");
WHEREAS,

the Quad Graph Account was opened by Andy

surface, who represented himself as the sale proprietor of Quad
Graph and who was the sale signatory for the account;

WHEREAS, account opening records for the Quad Graph
Account include a "Certificate of Ownership for Unincorporated
Business or Profession" filed with the Count Clerk of the County
of Galveston, Texas identify Andy Ray Surface as the owner of
Quad Graph and having the same address as Quad Graph;
WHEREAS, the United States Attorney's Office for the
Southern District of New York and Andy Surface agree that Andy
Surface shall waive any claim to the Defendant Funds;
IT IS HEREBY STIPwLATED, ORDERED AND AGREED that:
1.
Funds.

Andy Surface waives any claim to the Defendant

In any administrative or judicial forfeiture proceedings

concerning the Defendant Funds, Andy Surface shall not (a) file
any petition or claim concerning the Defendant Funds,

(b) cause a

claim or petition concerning the Defendant Funds to be filed on
his behalf, or (c) assist any other person in filing or asserting
a petition or claim concerning the Defendant Funds.
2.

Andy Surface is hereby barred from asserting, or

assisting others in asserting, any claim against the United
States or any of its agents and employees (including,

withou~

limitation, the United States Attorney's Office for the Southern
District of New York ("USAO-SDNY") and the United States Secret
Service ("USSS"}, and any agents and employees of the the USAO­
SDNY and the USSS) , in connection with or arising out of the
seizure, restraint, and/or constructive possession of the

2

Defendant Funds, including, but not limited to, any claim that
there was no probable cause to seize the Defendant Funds, that
Andy Surface is a prevailing party, or that Andy Surface is
entitled to attorney's fees or any award of interest.
3.

Andy Surface agrees to hold harmless and indemnify

the United States or any of its agents and employees

(incl~ding

but not limited to the USAO-SDNY and the USSS, and any agents and
employees of the USAO-SDNY and the USSS) , from any and all claims
arising from any acts, incidents, and/or occurrences in
connection with the seizure and/or possession of the Defendant
Funds, including but not limited to any third-party claims of
ownership of the Defendant Funds.
4.

The parties hereby waive all rights to challenge

or contest the validity of this Stipulation and Order.
5.

This Stipulation and Order shall in no way be

deemed an admission of culpability, liability, or guilt on behalf
of Andy Surface, or of the United States or any of their
respective agents, officers, or employees, past and present.
6.

Further, this Stipulation and Order shall in no

way constitute any reflection upon the merits of any claim and
defenses that may be asserted respectively by the United States
and Andy Surface.
7.

Each party to this Stipulation and Order shall

bear its own costs and attorney's fees.

3

8.

This Stipulation may be executed in counterparts,

each of which shall be deemed an original, and all of which l when
taken together, shall be deemed the complete Stipulation and
Order.

Signature pages may be by fax or by .pdf and such

signatures shall be deemed as valid originals.
9.

This Stipulation and Order constitutes the

complete agreement between the parties hereto and may not be
amended except by written consent thereof.
Agreed and consented to:
PREET BHARARA
United states Attorney for the
Southeyn District of New York
Attorney for Plaintiff

BY'~UID
MICL D.LOC

DATE

Assistant United States Attorney

One St. Andrew/s Plaza

New York, New York 10007

[phone]
ANDY SURFACE
County Road 133A
Alvin, Texas 77511

DATE
SO ORDERED;

DATE
UNITED STATES DISTRICT
PART I

JL~GE,

'*

FPR-15-2011

13:32

HOUSTON

713 868 5093

P.05

I

B.

~his Stipulation may

be executed in

each of which shall be aeemea an original, and all

00 nt8rp~rts,
!
of whic~ when
I

taken together, shall be deemed the complete
Order.'

Signa~ure

pages may be by fax or by .pdf and

signatures shall be

9.

Stipula~

This

dee~ed a~

~

on

.~'.

uch

valid originalp.

Scipula~1on

and Order constitutes the

complete agreement betw,een the parties hereto and rna

~

not

amended except by written consent thereof.
Agreed and' consented

tOI

PREE'I' BHARARA

United Scates A~torney for the
Southexn District of New York
Attorney for Plaintiff

MICHAEL D. LOCKARD

Assistant United States Attorney

One St. Andrew's Plaza

New York, New York 10007

DATE

(.2l2) 637-21·93
ANDY SURFACE

County Road 133A

Alvin, Texas 775;$

,

,

(f~S~.
SO ORDERED:

BO~M~o~
UNI~ED

~RT fr

STATES DISTRICT JUDGE

'

I

Ii

TOT~L

P.05