Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:00-cr-00188-AWT

Document 220

Filed 05/03/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA VS. ELVEUS FLOREUS

: : : Docket No. 3:00CR188 (AWT) May 2, 2005

UNITED STATES RENEWED MOTION FOR TURNOVER OF FUNDS The United States respectfully files this renewed motion through which it seeks the turnover of $5,000.00, which is currently held in the Registry of this Court. In support of this motion, the United States asserts that the defendant, Elveus Floreus and/or his surety deposited $5,000.00 with the Clerk of Court on September 13, 2000, as partial security for the defendant's appearance bond. The defendant subsequently breached the conditions of his appearance bond, and the United States obtained a judgment against the defendant and his surety on November 15, 2002, forfeiting the bond. On June 6, 2003, the United States filed its initial motion for turnover of funds, seeking to direct the Clerk of Court to release the funds from his registry, and apply said funds to the forfeiture debt. The initial motion was then withdrawn by the Government, without prejudice, in light of a statutory stay as a result of a bankruptcy petition filed by the surety in the Eastern District of New York. On October 31, 2003, the Bankruptcy Court issued a Final Decree, and thus the statutory stay was no longer effective. See Exhibit A. Accordingly, the Government hereby renews its motion for turnover of the funds in order to enforce partial payment of the judgment it has obtained. Based upon the foregoing reasons, and in the interest of justice, the United States respectfully requests that this motion be granted

Case 3:00-cr-00188-AWT

Document 220

Filed 05/03/2005

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and that the Clerk be directed to remove the funds from his registry and apply said funds to the forfeiture debt. Respectfully submitted, Kevin J. O'Connor United States Attorney

Christine Sciarrino Assistant United States Attorney P.O. Box 1824 New Haven, CT 06510 (203) 821-3780 (203) 773-5392 (fax) Email: [email protected] Federal No. CT3393

Case 3:00-cr-00188-AWT

Document 220

Filed 05/03/2005

Page 3 of 3

Certification This is to certify that a copy of the foregoing was mailed, postage prepaid, on this second day of May, 2005, to:

Elveus Floreus Alexia C. Floreus c/o Clerk, United States District Court 450 Main Street Hartford, CT 06106 Alexia C. Floreus 1426 Loring Avenue Apartment 38C Brooklyn, CT 11208-5101

_________________________________ Christine Sciarrino