United States of America v. $55,072.29 US Funds from Wells Fargo Account # xxxxx70146 et al

Filing 44

FINAL ORDER OF FORFEITURE (USM Action Required). Signed by Senior Judge Lonny R. Suko. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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UNITED STATES OF AMERICA,
Plaintiff,

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2:13-CV-0008-LRS

vs.
$55,072.29 U.S. FUNDS FROM WELLS
FARGO ACCOUNT #: XXXXX70146,
and,

Final Order of Forfeiture

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$50,000.00 U.S. FUNDS FROM
RIVERBANK ACCOUNT #:
XXXXXX1971,

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Defendants.

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Plaintiff, United States of America, alleged in an Amended Verified Complaint
for Forfeiture In Rem that the Defendant property captioned above is subject to
forfeiture to the United States pursuant to 18 U.S.C. § 981. ECF No. 5.
The Court has jurisdiction over this matter by virtue of 28 U.S.C. §§ 1345 and
1355. Venue is proper pursuant to 28 U.S.C. § 1395.
The Defendant property being forfeited is described as follows:
(a) $55,072.29 U.S. funds seized by FBI pursuant to a seizure
warrant, on or about July 24, 2012, from Wells Fargo Bank Checking
and Savings Account #: XXXXX70146, held in the name of Shannon
L. Stiltner and Gregory D. Jeffreys.
(b) $50,000.00 U.S. funds seized by FBI, pursuant to a seizure
warrant, on or about August 16, 2012, from RiverBank Consumer
Money Market Account XXXXXX1971, held in the name of Jonathon
J. Jeffreys.

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ORDER - 1

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On January 25, 2013, the United States Marshals Service executed the
Amended Warrant of Arrest In Rem. The returned warrant was filed with
the Court under the above cause number on May 30, 2013. ECF No. 9.
In accordance with Fed. R. Civ. P. Rule G(4)(a)(iv)(C), Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions, notice of civil forfeiture
was posted on an official government website www.forfeiture.gov beginning June 1,
2013 and running through June 30, 2013. ECF No. 40, 40-1 and 40-2. Based upon
the internet publication start date of June 1, 2013, the last date to file a timely claim if
direct notice was not received was July 31, 2013.
On or about June 26, 2013, SHANNON L. STILTNER was served, via certified
mail, return receipt requested, with a copy of the Verified Complaint for Forfeiture In
Rem (ECF No. 1), the Order Reassigning Case, (ECF No. 3) the Amended Verified
Complaint for Forfeiture In Rem (ECF No. 5), the Amended Warrant of Arrest In

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Rem (ECF No. 9), and the Praecipe to the Amended Warrant of Arrest In Rem (ECF

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No. 10), and Notice of Complaint for Forfeiture, at her last known address and in care

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of attorney John B. McEntire, IV. ECF No. 11 and 11-1. To date, no claim of interest

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18 for filing of her claim has expired. On or about August 26, 2015, the United States
19 filed its Notice of Motion for Default, which was served via certified mail upon
20 SHANNON L. STILTNER, at her last known address and via email. ECF No. 37. To
21 date, no response to the Notice of Motion for Default has been received from
22 SHANNON L STILTNER. On February 11, 2016, the United States filed and served
23 its Motion for Entry of Clerk’s Order of Default. ECF No. 39. To date, no response
24 or pleading has been received or filed in response to the motion for entry of default.
25 On February 17, 2016, a Clerk’s Order of Default was entered against SHANNON L
26 STILTNER. ECF No. 42.
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On or about June 26, 2013, JONATHAN JEFFREYS was served, via certified

28 mail, return receipt requested, with a copy of the Verified Complaint for Forfeiture In
ORDER - 2

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Rem (ECF No. 1), the Order Reassigning Case, (ECF No. 3) the Amended Verified
Complaint for Forfeiture In Rem (ECF No. 5), the Amended Warrant of Arrest In
Rem (ECF No. 9), and the Praecipe to the Amended Warrant of Arrest In Rem (ECF
No. 10), and Notice of Complaint for Forfeiture, at his last known address and in care
of attorney Karen Lindholdt. ECF No. 12 and 12-1. An amended certificate of service
filed on June 27, 2013, to correct the zip code listed in the previous certificate. ECF
No. 15. On July 23, 2013, JONATHON JEFFREYS filed a claim. ECF No. 17. On
July 24, 2013, JONATHON JEFFREYS filed an answer. ECF No. 18. On April 29,
2015, JONATHON JEFFREYS withdrew his claim. ECF No. 31. On April 30, 2015,
the Court entered an Order dismissing his claim. ECF No. 32.
On or about June 26, 2013, KIMBERLY JEFFREYS was served, via certified
mail, return receipt requested, with a copy of the Verified Complaint for Forfeiture In
Rem (ECF No. 1), the Order Reassigning Case, (ECF No. 3) the Amended Verified

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Complaint for Forfeiture In Rem (ECF No. 5), the Amended Warrant of Arrest In

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Rem (ECF No. 9), and the Praecipe to the Amended Warrant of Arrest In Rem (ECF

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No. 10), and Notice of Complaint for Forfeiture, at her last known address and in care

17 of attorney Allen Bentley. ECF No. 13 and 13-1. On July 29, 2014, KIMBERLY
18 JEFFREYS signed a Stipulation for Order of Forfeiture, which was filed herein on
19 February 11, 2016. ECF No. 41.
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On or about June 26, 2013, GREGORY JEFFREYS was served, via certified

21 mail, return receipt requested, with a copy of the Verified Complaint for Forfeiture In
22 Rem (ECF No. 1), the Order Reassigning Case, (ECF No. 3) the Amended Verified
23 Complaint for Forfeiture In Rem (ECF No. 5), the Amended Warrant of Arrest In
24 Rem (ECF No. 9), and the Praecipe to the Amended Warrant of Arrest In Rem (ECF
25 No. 10), and Notice of Complaint for Forfeiture, at his last known address and in care
26 of attorney Mark E. Vovos. ECF No. 14 and 14-1. On November 11, 2013,
27 GREGORY JEFFREYS entered into a Plea Agreement (ECF No. 403) in which he
28 agreed to the forfeiture of the Defendant Property in the related Eastern District of
ORDER - 3

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Washington criminal case United States v. Gregory D. Jeffreys, Case No. 2:13-CR12-RMP. Id at 15 - 17. A Preliminary Order of Forfeiture forfeiting his interest in the
Defendant Property was entered on May 29, 2014. ECF No. 522. The Preliminary
Order of Forfeiture became final as to GREGORY JEFFREYS at his sentencing and
included in his judgment. ECF No. 551 and 566.
No other timely claims to the Defendant Property have been received or filed
with the Court.
It appearing to the Court that any and all potential claimant interests in the
Defendant property have been resolved as follows:
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On February 17, 2016, a Clerk’s Order of Default was entered against

SHANNON L STILTNER. ECF No. 42.
2)

On April 29, 2015, JONATHON JEFFREYS withdrew his claim. ECF

No. 31. On April 30, 2015, the Court entered an Order dismissing his claim. ECF

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No. 32.

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3)

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On July 29, 2014, KIMBERLY JEFFREYS signed a Stipulation for

Order of Forfeiture, which was filed herein on February 11, 2016. ECF No. 41.
4)

GREGORY JEFFREYS’s interest was forfeited in the related Eastern

18 District of Washington criminal case United States v. Gregory D. Jeffreys, Case No.
19 2:13-CR-12-RMP.
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It also appearing to the Court that no additional timely claims have been made

21 to the Defendant property;
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On June 15, 2015 the United States filed a Motion for Return of Property. ECF

23 No. 33. On June 16, 2016, the Court entered an Order returning $25,000.00 to Mark
24 Austerlitz. ECF No. 35. On or about July 14, 2015, the United States Marshal’s
25 Service paid $25,000.00 of the “$55,072.29 U.S. FUNDS FROM WELLS FARGO
26 ACCOUNT #: XXXXX70146” to Mark Austerlitz pursuant to the order. Therefore,
27 the forfeiture is proceeding against the remaining $30,072.29 U.S. funds from Wells
28 Fargo Account #: XXXXX70146.
ORDER - 4

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IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the
Defendant property described as follows is hereby forfeited to the United States of
America, and no right, title, or interest shall exist in any other person.
(a) $30,072.29 of the $55,072.29 U.S. funds seized by FBI pursuant to
a seizure warrant, on or about July 24, 2012, from Wells Fargo Bank
Checking and Savings Account #: XXXXX70146, held in the name of
Shannon L. Stiltner and Gregory D. Jeffreys.
(b) $50,000.00 U.S. funds seized by FBI, pursuant to a seizure
warrant, on or about August 16, 2012, from RiverBank Consumer
Money Market Account XXXXXX1971, held in the name of Jonathon
J. Jeffreys.

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IT IS FURTHER ORDERED that the United States Marshals Service shall
dispose of the forfeited Defendant property in accordance with law.
IT IS FURTHER ORDERED that the United States District Court shall retain
jurisdiction in the case for the purpose of enforcing or amending this order.
DATED this 21st day of March, 2016.

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s/Lonny R. Suko

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LONNY R. SUKO

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Senior United States District Judge

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ORDER - 5