United States of America v. Seventeen Thousand One Hundred Fourteen and 00/100 Dollars ($17,114.00) in United States Currency

Filing 16

SETTLEMENT AGREEMENT. Signed by Magistrate Judge Mark R. Abel on 5/24/12. (sh1)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA

Plaintiff,

-11-569
JUDGE SARGUS
Magistrate Judge Abel

-v.

SEVENTEEN THOUSAND ONE HUNDRED
FOURTEEN AND 00/100 DOLLARS
($17,114.00) IN UNITED STATES
CURRENCY,
Defendant.
SETTLEMENT AGREEMENT
WHEREAS,
States"),

by

February 22,

the United States of America
and

through

2011,

its

zed

(hereinafter "United
agents,

on

or

about

i

seized personal property known as Seventeen

Thousand One Hundred Fourteen and 00/100 Dollars

($17,114.00)

in

United States Currency from Kenneth Lee Neece pursuant to 21 U.S.C.
§881(a) (6);
AND WHEREAS, Kenneth Lee Neece has represented himself as the
owner of the Seventeen Thousand One Hundred Fourteen and 00/100
Dollars ($17,114.00) in United States Currency;
AND WHEREAS, the United States initiated an action against the
Seventeen

Thousand

($17,114.00)

in

Court,

One

United

Hundred
States

Southern

Fourteen
Currency

Dis

of

and

in

Ohio,

the

00/100

Dollars

United

Eastern

States

Division,

entitled United States v. $17,114.00 in United States Currency, on
June

28,

2011,

alleging

that
1 of

the
4

above

referenced

currency

constitutes moneys or other things of value furnished or intended
to

be

furnished

in

exchange

for

a

controlled

substance,

or

represents proceeds of trafficking in a controlled substance, or
was

used

or

intended

violations of 21 U.S.C.

to
§

be

used

841 et

to

facilitate

one

or

more

. and is therefore subject to

forfeiture to the United States of America pursuant to 21 U.S.C.
§881

(a)

(6) .

NOW THEREFORE, the parties in the interest of fully resolving
this matter in all respects, agree to the following:
1.

That the parties do hereby agree to settle the above­

referenced matter upon the terms indicated below:
2.

The sum of Eight Thousand

($8,500.00)

Hundred and 00/100 Dollars

in United States Currency shall be forfeited to the

United States and all right, title, and interest shall vest in the
Uni ted

States

of America

upon

the

signing

of

this

Settlement

Agreement and subsequent entry by the court of an Agreed Judgment
and Decree

of

Forfeiture.

The

balance

Hundred Fourteen and 00/100 Dollars

of Eight

($8,614.00)

Thousand Six

in United States

Currency shall be released to Kenneth Lee Neece in full settlement
of his claim to this property.

The $8,614.00 shall be returned to

Kenneth Lee Neece barring any debt owed to the United States, or
any agency of the United States, or any other debt which the United
States is authorized to collect and as identified in the Treasury
Offset Program.

2 of

4

3.

That the parties hereto further agree to the entry of an
ture forfeiting the sum of

Agreed Judgment and Decree of
Eight

Thousand

Five Hundred and

00/100

Dollars

($8,500.00)

United States Currency to the United States of America
21 U.S.C. §881 (a)
4.

That

in

pursuant to

(6).

Kenneth

Lee

Neece

agrees

to

release

and

hold

harmless the United States, and any agents, servants, and employees
of the United States, and any assisting federal, state, and local
law enforcement agency,
acting in the

their officers,

employees,

individual or official

and agents,

s, from any and all

, demands, causes of action or suits, of whatever kind and
des

ion,

arise as a

and wheresoever situated,

that might exist or may

result of the seizure of the Seventeen Thousand One

Hundred Fourteen and 00/100 Dollars ($17,114.00) in United States
or from the

return of the

Thousand Six Hundred

Fourteen and 00/100 Dollars ($8,614.00) in United States Currency
to Kenneth Lee Neece.
5.

Kenneth Lee Neece agrees that he did not substantially

prevail in his claim, that he shall pay

own attorney fees and

costs in this matter and that he shall not seek attorney

~ees,

costs, or interest from the United States including but not limited
to any claim filed under 28 U.S.C.

465.

***SIGNATURES ON PAGE 4***

3 of

4

Dated by and between

the

parties

as

individually written

herein.
CARTER M. STEWART
United States Attorney
Date:

At..,,~ ~ 2­
URNS (0023446)
Assistant Un' ted Sates Attorney
Attorney for
. tiff
303 Marconi Boulevard, Suite 200
Columbus, Ohio 43215
[phone]
Fax:
[phone]
Michael.Burns @usdoj.gov

DENNIS W. MCNAMARA (0005114)
Attorney for Claimant
Kenneth Lee Neece
88 East Broad Street, Suite 1350
Columbus, Ohio 43215
[phone]

Y­

NNETH LEE N ECE

COURT APPROVAL
This Settlement

is approved by this Court this

~ ~

day of May, 2012.

HONORABLE MARK R. ABEL
UNITED STATES MAGISTRATE COURT JUDGE

4 of

4