United States of America v. Locklear's Personal Property et al

Filing 10

ORDER granting 7 Petititon for Remission Or Mitigation filed by Interested Party Ford Motor Credit Company LLC. Counsel should read the order in its entirety for critical information. Signed by Chief Judge James C. Dever III on 11/13/2017. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICt OF NORTH CAROLINA
SOUTHERN DMSION
NO. 7:17-CV-143-D
UNITED STATES OF AMERICA,
Plaintiff
vs.
LOCKLEAR'S PERSONAL PROPERTY,
SPECIFICALLY DESCRIBED AS:
A 2000 CHEVROLET SILVERADO,
VIN: 2GCEK13M981236229;
A 2016 FORD F-250 TRUCK,
VIN: 1FT7W2BT2GED44572;
AND ANY AND ALL ATTACHMENTS
THEREON,
Defendants.

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ORDER GRANTING PETITION FOR REMISSION OR MITIGATION
ON BEHALF OF FORD MOTOR CREDIT COMPANY LLC
THIS MATTER is before the Court on the Petition For Remission Or Mitigation (the
"Petition") filed herein on behalf ofF ord Motor Credit Company LLC ("Petitioner"), through
counsel, pursuant to Fed. R. Crim. P. 32.2(c), with regard to the following property (the
"Subject Property"):

One 2016 Ford F -250 truck, bearing VIN #1FT7W2BT2GED44572,
registered to Brandon Darris Locklear, seized during the course of the
investigation detailed in this action.
Having reviewed the Petition and the record in this case, the Court finds as follows:
1.

On or about June 16, 2016, Petitioner provided financing in the amount of

$40,071.67 for Brandon Darris Locklear (hereafter the "Customer") to purchase the abovedescribed Ford F-250 truck (hereafter the "Vehicle").
2.

The Certificate of Title on the Subject Property reflects that Petitioner is the

first and only lienholder.

3.

Defendant has or had a legal ownership in the subject property that is subject

to forfeiture under the applicable statute, except as to Petitioner's interest is recognized as
identified herein.
4.

Any violations of applicable criminal statutes involving the subject property

occurred without the knowledge and consent of Petitioner.
5.

The Vehicle is a depreciating asset whose condition deteriorates relatively

quickly when not in use.
6.

The Government is incurring on-going daily costs to store and protect the

Vehicle pending its disposition in this action.
BASED ON SUCH FINDINGS OF FACT, the Court concludes that it is in the
Government's best interest to have the Vehicle liquidated by the Petitioner as soon as
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possible in order to capture the maximum potential recovery for the Government after
payment of the remaining amounts to Petitioner under its finance contract for the Vehicle.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
1.

The Vehicle shall be immediately released and turned over to Petitioner, or its

authorized recovery agent.
2.

Petitioner is hereby directed to forthwith sell the Vehicle in accordance with

the terms of its finance contract and Article 9 of Chapter 25 of the North Carolina General
Statutes.
3.

Petitioner is hereby directed to apply all proceeds received from such sale of

the Vehicle to (i) the reasonable and necessary costs of sale; and (ii) the then remaining
balance due under Petitioner's finance contract for the Vehicle, including unpaid principal,

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continuing interest accrual at the contract rate of .90% per annum to the date of sale, and any
applicable late fees or other charges then due under the finance contract.
4.

Petitioner is hereby directed to, within 10 days of the sale of the Vehicle, file

an accounting with the Court detailing Petitioner's application of the sales proceeds as set
forth above and contemporaneously therewith tender any excess proceeds to the Clerk of
Court for disposition by further order of the Court.
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Each party shall bear its own costs with respect to this matter, including

attorneys' fees.
6.

Petitioner is hereby excused from further participation in this action.
SO ORDERED. This __1.3__ day ofNovember 2017.

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