United States of America v. $294,924.97 U.S. Currency, et al

Filing 9

CONSENT ORDER - Signed by District Judge Louise Wood Flanagan on 6/8/2016. (Baker, C.)

IN

THE UNITED STATES DISTRICT COURT
EOR THE EASTERN DISTR]CT OE NORTH CAROLINA
WESTERN DIVISION

NO. 5:16-CV-175-EL

UNITED STATES OE AMERICA,

Pfaintiff,
v.
CATO' S PERSONAL PROPERTY,
SPEC] EICALLY :

$294,924.97 U.S.

CURRENCY,

et al.

Defendants.

CONSENT ORDER

By

signing below, the undersigned parties have consented to the

entry of this Order and have informed the Court of the following:

1.

They have

2.

The parties' sett.Iement is neither a concession by the

settled the Iitigation in this matter.

United States that certain defendants are not subject to forfeiture
nor an admission of wrongdoing by the Cl-aimant. Rather, the parties,

settlement is merely a compromise to avoid the de1ay, uncertainty,

inconvenience, and expense of protracted Iitigation
Government's claj-ms

of the

relating to forfeiture of the defendants.

It is, therefore,

ORDERED

that Claimant shaff forfeit to the United States of

America certain defendant currency and personal properties, to wit:
$294, 924.97 U.S. CURRENCY;
$94,641 .LL rN U. S. CURRENCY,.
ONE l-998 FORD E800 ROLLBACK TRUCK, VIN: l- EDNEB 0C6WVA08625;
ONE INTERNATIONAL 4700 BOx TRUCK, VIN: XH600099;
ONE 1967 CHEVROLET IMPALA, VIN: 164379U754332;
ONE 2004 EORD MUSTANG, VIN: l EAEP 44464FI09341;
oNE 1988 ISUZU NPR TD BOX TRUCK, VIN: JALB4B1H?,I7000243;
oNE 2007 HAULMARK CAR HAULER, VIN: 16HGB20247G088347;
ONE 1995 INTERNAT]ONAL 4000 SERIES TOW TRUCK, VIN:1HTSCABK1SH264565;
ONE 1993 FORD 8350 BOx TRUCK, VIN: LFDKE37M5PHB49239;
ONE 2000 ISUZU NPR TD BOX TRUCK, VIN: JALB4B144Y7013171 ;
ONE 1999 GMC SIERRA TRUCK, VIN: lGTEC14WXXZ52391l;
ONE l-988 MONTE CARLO, VIN: lG1GZ11ZXJP100055;
ONE 2003 MERCEDES BENZ SL 500R, VIN: WDBSKT 5 EB 3 E0 315 3 ? ;
A 2005 CHEVY CORVETTE, VIN: 1G1YY24U655l-72715;
A 1969 CORVETTE STINGBAY, VIN: 194679S134406,
A 2000 BENTLEY ARNAGE, VIN: SCBLC31E7YCX04807; AND
A 2004 CHEVY SSR, VIN: 1GCES14P34B1l-1066,

to

be disposed

of by the United States Department of Homeland Security

according to Iaw;
oRDERED

that the United States shal-l- return to the

Claimant

certain defendant personal properties, to wit:
ONE 55" SAMSUNG TE],EVISION;
EOURTEEN (14) MISCELLANEOUS WATCHES;
ONE HUNDRED EORTY-NINE (149) ITEMS OE MISCELLANEOUS .JEWELRY;
ONE 2000 ASV RC30 SKIDSTEER, VIN: RSA01452;
ONE SENTURY FIRE PROOE SAFE;
A 2008 BMw x5, VIN: 5UXFE83598L162252; AND
ONE 2001 EXMARK 0 DEGREE TURN LAWNMOWER, VIN: 609222,

as wefl as all- items seized but not a
have no

of

part of this action,

once they

evidentiary value - alI to be released by the U. S. Department

Homeland

Security to claimant;
2

and

ORDERED

that each party shall bear its

own

attorneys' fees,

costs and expenses in this litigation.
Upon

the entry of this order, the Clerk of Court is

to close this

DIRECTED

case.

SO ORDERED

this 8th day of

June

,

20L6.

__________________________________________
LOUISE W. FLANAGAN
U.S. DISTRICT COURT JUDGE

Consented

to by:

STEPHEN A. WEST
Attorney for United States of America

ELLIOT S, ABRAMS
Attorney for Claimant