United States of America v. Tobaccoville USA Inc

Filing 32

MODIFICATION OF CONSENT DECREE. Signed by the Honorable R Bryan Harwell on 9/18/2014. (hcic, )

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,

v.
TOBACCOVILLE USA, INC.,
Defendant.

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Civil File No. 4:11-cv-00321-RBH

MODIFICATION OF CONSENT DECREE
This Modification of Consent Decree is entered into between Plaintiff, the United
States of America, and Defendant, Tobaccoville USA, Inc. (“Tobaccoville”), through
their respective undersigned representatives, for the purpose of modifying Paragraph 8 of
the Consent Decree entered in this case on September 19, 2011. The United States and
Tobaccoville shall be referred to herein as “Parties.” The Parties hereby state as follows:
1.

Paragraph 8 of the Consent Decree entered in this case requires

Tobaccoville to pay its total outstanding debt, accrued pursuant to the provisions of the
Fair and Equitable Tobacco Reform Act, 7 U.S.C. § 518d, through a series of payments,
with the final payment due on June 30, 2014.
2.

Tobaccoville has made all payments required by Paragraph 8 in a timely

manner, with the exception of the final payment due on June 30, 2014.
3.

It is the mutual desire of the United States and Tobaccoville to modify the

payment schedule in Paragraph 8 for the final payment.
4.

Tobaccoville shall pay the remaining amount of the principal of its

outstanding debt, which totals $1,197,254.60, plus 2.50 percent interest per year, in six
payments. Specifically, Tobaccoville shall pay $205,000 on or before each of the

following dates: (i) September 1, 2014; (ii) December 1, 2014; (iii) March 1, 2015; (iv)
June 1, 2015; and (v) September 1, 2015. Tobaccoville shall make payment six (vi) in
the amount of $196,890.18, on or before December 1, 2015. All payments must be made
via Pay.gov. All payments will be applied first to the interest due, with the remaining
amount applied to the principal.
5.

If any payment required under Paragraph 4 is not made in full and on

time, and if any late payment is not submitted within fifteen (15) calendar days of the
CCC sending Tobaccoville written notice via email to [e-mail] with a
copy to [e-mail], of Tobaccoville’s failure to make a timely payment,
then the total outstanding debt and all accrued interest will become instantly due and
payable. The United States may, without notice, collect the outstanding debt using any
method, including, but not limited to, administrative offset from payments due
Tobaccoville from any federal agency.
6.

Upon receipt of the final payment set forth in Paragraph 4 of this Consent

Decree, but in any event not later than ten (10) calendar days thereafter, the United
States, by its counsel, shall execute and file with the Court a notice indicating that the
agreed payments have been made and satisfied.
7.

The parties seek to modify the Consent Decree only for the limited

purpose of revising the schedule for the final payment required in Paragraph 8 of the
Consent Decree. All other provisions of the Consent Decree remain in full force and
effect.

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For Tobaccoville USA, Inc.

For the United States of America

s/Amy Harmon Geddes
AMY HARMON GEDDES
Nexsen Pruet, LLC 1230 Main Street,
Suite 700
Columbia, SC 29201
Ph: [phone]
Email: [e-mail]

WILLIAM N. NETTLES
United States Attorney

ROBERT LUDDY
Windels Marx Lane & Mittendorf, LLP
156 W. 56th Street
New York, New York 10019
Ph: [phone]
Email: [e-mail]

STUART F. DELERY
Assistant Attorney General
Civil Division

s/Barbara M. Bowens
BARBARA M. BOWENS (#4004)
Assistant United States Attorney 1441
Main Street, Suite 500
Columbia, SC 29201
Ph: [phone]

ARTHUR R. GOLDBERG
Assistant Director
Civil Division
Federal Programs Branch

Counsel for Defendant Tobaccoville
USA, Inc.

MATTHEW A. JOSEPHSON
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
Post Office Box 883
Washington, D.C. 20044
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for the United States of America

IT IS SO ORDERED, this 18th day of
September, 2014.
s/R. Bryan Harwell
The Honorable R. Bryan Harwell
United States District Judge

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