United States Of America v. $20,980.00 (Twenty Thousand Nine Hundred Eighty Dollars) in United States Currency et al

Filing 17

AGREED REVISED DECREE OF FOREFEITURE - It is ORDERED, ADJUDGED, AND DECREED that the deft: US Currency $20,980.00, Assorted Weapons seized from 186 Woburn Circle and $1,353.00 of Deft US Currency $2,855.25, is hereby forfeited to the U nited States of America, and that all claims and interest other than that of Jesse Schulte to the 6,009 quarters ($1,502.25) of the Deft $2,855.25 are forever foreclosed and barred, and the United States shall act in accordance with the provisions of this Agreed Revised Decree of Forfeiture. . Signed by Judge Thomas M Rose on 04/27/05. (phil, )

United States Of America v. $20,980.00 (Twenty Thousand Nine Hundred Ei...ited States Currency et al

Doc. 17

Case 3:03-cv-00365-TMR

Document 17

Filed 04/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
UNITED STATES OF AMERICA, PLAINTIFF, v. UNITED STATES CURRENCY $20,980.00, ET AL DEFENDANT. : : : : : : AGREED REVISED DECREE OF FORFEITURE CIVIL ACTION NO: C-3-03-365 Judge Thomas M. Rose

-------------------This is an action for civil forfeiture pursuant to 21 U.S.C. §881(a)(6) and 21 U.S.C. §881(a)(11) against the defendants: Defendants, $20,980.00 and $2,855.35 in U.S. Currency, Assorted
Weapons Seized from 186 Woburn Farm Circle) (the "defendant property").

1. On October 27, 2003, a Complaint in Forfeiture was filed against the defendant property. Therein, the United States alleged: a.) that the subject property is forfeitable under 21 U.S.C. §881 (a)(6) in that it constitutes proceeds from illegal drug trafficking activities in violation of Subchapter I of Chapter 13 of Title 21 of the United States Code and Section 21 U.S.C. §881(a)(11) provides for the forfeiture of firearms used or intended to be used to facilitate the transportation, sale, receipt, possession, or concealment of property described in paragraphs (1) and (2), of this section, and any proceeds traceable to such property, in violation of Subchapter I of Chapter 13 of Title 21 of the United States Code. 2. Notices of this action was published for three (3) consecutive weeks, pursuant to this Court's Order for Publication of Notice, in the Daily Court Reporter.

Dockets.Justia.com

Case 3:03-cv-00365-TMR

Document 17

Filed 04/27/2005

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3. As of the date of filing the Motion for Order of Forfeiture, no claims or assertions of ownership had been made against the Defendant property. However, the Defendant property was included in an Indictment (Doc. #24) on September 9, 2003 (CR-3-03-112). Potential Claimant Jesse Schulte pled in that criminal case on April 20, 2004. (Doc.# 37) and released all right title and interest in the Defendant $20,980 in United States Currency and the Defendant Assorted Weapons seized from 186 Woburn Circle. The Government agreed to return to Jesse Schulte 6,009 quarters ($1502.25) of the Defendant United States Currency $2,855.25, leaving the United States to forfeit $1,353.00 of the Defendant $2,855.25. 4. The United States agree to the following:

(a) After the filing of this Agreed Revised Decree of Forfeiture, the United States shall, within two weeks return the 6,009 quarters ($1502.25) of the Defendant $2,855.25 and will forfeit the remaining $1353.00. (b) The Defendant $20,980.00 and Defendant Assorted Weapons seized from 186 Woburn Farm Circle will also be forfeited pursuant to the United States original Motion for Judgment and Decree of Forfeiture (Doc. #13). Therefore, IT IS ORDERED, ADJUDGED, AND DECREED that the defendant: United States Currency $20,980.00, Defendant Assorted Weapons seized from 186 Woburn Circle and $1,353.00 of Defendant United States Currency $2,855.25, is hereby forfeited to the United States of America in accordance with 21 U.S.C. §881(a)(6) and 21 U.S.C. §881(a)(11) and that all claims and interests other than that of Jesse Schulte to the 6,009 quarters ($1,502.25) of the Defendant $2,855.25, are forever foreclosed and barred, and the United States shall act in accordance with the provisions of this Agreed Revised Decree of Forfeiture.

Case 3:03-cv-00365-TMR

Document 17

Filed 04/27/2005

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On behalf of the United States: United States Attorney for the Southern District of Ohio s/Pamela M. Stanek Pamela M. Stanek Assistant United States Attorney On behalf of Jesse Schulte: s/L. Patrick Mulligan L. Patrick Mulligan Attorney for The Bank of New York April 27, 2005 s/THOMAS M. ROSE THOMAS M. ROSE U.S. DISTRICT COURT CHIEF JUDGE SOUTHERN DISTRICT OF OHIO