United States of America v. $107,702.66 in U. S. Currency

Filing 46

ORDER granting 44 Motion for Entry of CONSENT ORDER. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 4/5/2016. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO.
7:14-CV-295-F

UNITED STATES OF AMERICA,

)
)
)
)
)
)

Plaintiff,

v.
$107,702.66 IN UNITED STATES
CORRENCY SEIZED FROM LUMBEE
GUARANTY BANK ACCOUNT NUMBER
82002495,

_)
)
)
)

)
)
)
)

Defendant.
And Concerning
LYNDON B. MCLELLAN and L&M
CONVENIENT MART, INC.,

)
)
)

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Claimants.

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CONSENT ORDER
By signing below, the undersigned parties have consented to the
entry of this Order and have informed the Court the following:
1.

They have _settled the litigation in this matter.

2.

The parties'

United

States

that

settlement is neither a concession by the

the

defendant

currency

is

not

subject

to

forfeiture or that it is liable for the amounts paid, nor an admission
of any wrongdoing by the Claimant.
1

Rather, the parties' settlement

is

merely. a

inconvenience

1

compromise

to

avoid

and expense of

the

delay,

uncertainty,

protracted 1 i tigation regarding

payment of fees, costs, and interest.
It is, therefore, ORDERED that:
1.

The Government shall pay interest on the funds seized from

the date of the seizure until the return of the money.

The government

will pay the greater of (a) interest actually paid on the money during
the time that it was in the government's possession, or (b} interest .
that the funds would have earned at the rate applicable to the 30-day
Treasury Bill.
2.

The Government will pay an additional $67,250.00 to the

claimants, which amount shall be inclusive of all litigation costs
and attorneys' fees for which the claimants might contend it were
liable under 28

u.s.c.

§

2465(b).

Upon the entry of this order, the Clerk of Court is DIRECTED
to close this case.
SO ORDERED this

5

day of April, 2016 ..

J'G1tSC: FOX
Senior United States District Judge

2

Consented to by:

STEPHEN A. WEST
Attorney for United States of America

ROBERT EVERETT JOHNSON
Attorney for Claimants, Lyndon B. McLellan
and L&M Convenient Mart, Inc.

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