United States of America v. 57,745.00 US Currency

Filing 8

AGREED ORDER AND DECREE OF FORFEITURE ORDER granting 7 Motion. Signed by Judge Thomas M Rose on 11/07/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
UNITED STATES OF AMERICA,

Case No. 3:12CV270

:

Plaintiff

:

Judge Thomas M. Rose

v.

:

$57,745.00 U.S. CURRENCY

:

Defendant.

:
AGREED ORDER AND DECREE OF FORFEITURE

It is hereby stipulated and AGREED by and between Plaintiff, United States of America
and Potential Claimant, PAUL BIERY BAKER, that:
(1)

of the Defendant U.S. Currency in the amount of $57,745.00, the amount of
$47,745.00 shall be forfeited to the United States pursuant to 21 U.S.C.
§881(a)(6); and the amount of $10,000.00 shall be returned to Potential Claimant,
PAUL BIERY BAKER;

(2)

Potential Claimant, PAUL BIERY BAKER, agrees that notwithstanding the
United States’ agreement to return $10,000.00, the Federal Debt Collection Act of
1996, 31 U.S.C. §3716, and the Treasury Offset Program (TOP) require federal
disbursing officials to offset federal payments to collect certain delinquent debts
owed to the United States, and certain delinquent debts owed to states, including
past-due child support enforced by states; thus the $10,000.00 shall be returned to
the claimant, less any debt owed to the United States, any agency of the United
States, or any other debt which the United States is required to collect;

(3)

Potential Claimant, PAUL BIERY BAKER, shall release any and all claims
which he may have against the Plaintiff, its agencies, and/or employees as well as
local law enforcement agencies and their employees, arising out of the facts
giving rise to this forfeiture action;

(4)

the parties shall bear their own costs, including any possible attorneys’ fees, court
costs, or other expenses of litigation;

(5)

the Court will retain jurisdiction to enforce the terms of this Agreement; and

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

(1)

the Defendant U.S. Currency in the amount of $47,745.00 is hereby forfeited to
the United States pursuant to 21 U.S.C. §881(a)(6);

(2)

the amount of $10,000.00 shall be returned to Potential Claimant, PAUL BIERY
BAKER, less any debt owed to the United States, any agency of the United
States, or any other debt which the United States is required to collect;

(3)

any and all claims which Potential Claimant, PAUL BIERY BAKER, may have
against the Plaintiff, its agencies, and/or employees as well as local law
enforcement agencies and their employees, arising out of the facts giving rise to
this forfeiture action are hereby RELEASED;

(4)

the parties shall bear their own costs, including any possible attorneys’ fees, court
costs, or other expenses of litigation;

(5)

the Court will retain jurisdiction to enforce the terms of this Agreement; and

(6)

this case is hereby TERMINATED on the docket.

November 7, 2012

CARTER M. STEWART
United States Attorney

s/Pamela M. Stanek
PAMELA M. STANEK (0030155)
Assistant United States Attorney

s/Paul Biery Baker
Paul Biery Baker

s/Thomas M. Rose
____________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT COURT JUDGE