Free Stipulation - District Court of Connecticut - Connecticut

Case 3:01-cv-02290-MRK

Document 89

Filed 11/21/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, Plaintiff, v. ONE PARCEL OF PROPERTY LOCATED AT 32 MEDLEY LANE, BRANFORD, COIWECTICUT, WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON, Defendant. [CLAIMANTS: KATHLEEN M. VON HOFE; HAROLD VON HOFE]
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Civil No. 3:01CV2290 (MRK)

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STIPULATION FOR COMPROMISE SETTLEMENT AND ORTIER

h fuII and final satisfaction of any and all claims, demands, and liens from which
PLAINTIFF, UNITED STATES OF AMEFUCA ("UNITED STATES"), its agents, subrogees, successors, and assigns, now have against the above-referenced defendant property, the UNITED STATES and the CLAIMANTS, KATHLEEN VON HOFE and HAROLD VON HOFE ("CLAIMANTS"), and their agents, subrogees, successors, and assigns, by and 1:hrough their respective counsel, hereby stipulate and agree to the compromise settlement of the abovereferenced action, upon the terms and conditions set forth below and state as fo'llows: 1. That on December 6,2001 a Verified Complaint of Forfeiture was filed by the

UNITED STATES against the real property located at 32 Medley Lane, Branford, Connecticut ("Defendant Property") alleging that the property was used or intended to be used in some manner or part to commit or to facilitate the commission of a violation of the Controlled

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Substance Act, 21 U.S.C.

$9 801 et seq., and is, therefore, subject to forfeiture to the UNITED

S? 4 E S pursuant to 21 U.S.C. $ 88l(a)(7). 2. That on February 15, 2005, a jury in this case returned a verdict in favor of the

UNITED STATES finding the Government had proven by a preponderance of the evidence that there was a substantial connection between the Defendant Property and illegal drug activity in violation of federal law punishable by more than one year imprisonment and that the jury found that Claimant Kathleen von Hofe had failed to prove by a preponderance of the evidence that she was an innocent owner of the Defendant Property. 3. That after conducting an Eighth Amendment Excessive Fines Hearing on February

17,2005, the Court issued a Memorandum of Decision on May 3 1,2005 finding that the forfeiture of the Defendant Property was not constitutionally excessive.
4.

That on June 10, 2005, CLAIMANTS filed a Notice of Appeal with the United

States Court of Appeals for the Second Circuit ("Second Circuit"). 5. That on June 27, 2007, the Second Circuit issued an opinion affirming the District

Court's decision forfeiting Claimant Harold Von Hofe's one-half interest in the Defendant Property but also reversing the District Court's decision forfeiting Claimant Kathleen Von Hofe's one-half interest in the Defendant Property and remanding the case to the District Court for further proceedings as to Claimant Kathleen Von Hofe's one-half interest. 6. That the CLAIMANTS and the UNITED STATES agree that in lieu of forfeiture of

the Defendant Property, the CLAIMANTS will pay and hereby agree to the forfeiture of ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00) to the UNITED STATES in the above-referenced forfeiture action.

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7.

That the UNITED STATES agrees that it will file a Motion for Amended Decree of as to CLAIMANTS' interests in the Defendant Property and to the substitution of the of ONE HUNDRED SIXTY THOUSAND DOLLARS ($1 60,000.00) to be forfeited in

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lieu of the interests of both CLAIMANTS in the Defendant Property.
8.

That the CLAIMANTS further agree that neither they nor any current or future

agents, representatives, subrogees, assigns or successors, shall appear in or pursue any action or proceeding at law or in equity to contest the forfeiture of ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00) to the UNITED STATES in the above-referenced forfeiture action. 9. That the CLAIMANTS shall pay the sum of ONE HUNDRED SIXTY

THOUSAND DOLLARS ($160,000.00) by bank or certified check payable to the United States Marshals Service within 30 days of the date that the Court approves this Stipulation and the Motion for Amended Decree of Forfeiture referenced in paragraph 7 above. 10. That upon the receipt of said ONE HUNDRED SIXTY THOUSAND DOLLARS

($160,000.00), the UNITED STATES will record a Release of Lis Pendens on the Branford land records. 11. That the CLAIMANTS hereby release and forever discharge the United States of

America, the Drug Enforcement Administration, the United States Marshals Service, and the Branford Police Department, and their officers, agents, servants, and employees, their heirs, successors, or assigns, from any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and/or demands whatsoever in law or equity which claimants, their heirs, successors, or assigns ever had, now have, or may have in the future in connection with the seizure, detention, and forfeiture of the Defendant, one parcel of property

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located at 32 Medley Lane, Branford, Connecticut, with all appurtenances and improvements
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12. That the CLAIMANTS further agree to hold and save the United States of America,
the Drug Enforcement Administration, the United States Marshals Service, and the Branford Police Department, and their servants, employees, heirs, successors, or assigns harmless from any claims by any others, including costs and expenses for or on account of any and all lawsuits or claims of any character whatsoever, in connection with the seizure, detention, and forfeiture of the Defendant, one parcel of property located at 32 Medley Lane, Branford, Connecticut, with all appurtenances and improvements thereon.

13. This Stipulation for Compromise Settlement shall not constitute an admission of
liability or fault on the part of the UNITED STATES, its officers, agents, servants, or employees, or on the part of the CLAIMANTS, and is entered into by all parties for the purpose of compromising disputed claims and avoiding the further expense and risk of litigation.
14.

The UNITED STATES and the CLAIMANTS agree to bear their olwn costs and

attorneys' fees, and to execute and/or consent to, any additional documentation necessary to implement the terms of this stipulated agreement and in the related forfeiture action.

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UNITED STATES OF AMERICA KEVIN J. O'CONNOR UNITED STATES ATTORNEY

Dated:

/ / J / - 07

ASSISTANT ATTORIWY U.S.
157 CHURCH STREET, 23RD FLOOR NEW HAVEN, CT 065 10 (203) 82 1-3700 FEDERAL BAR # ct05289

Dated:

//- 21-07
DAVID X. SULLIVAN ASSISTANT U.S. ATTO EY 157 CHURCH STREET, 2 ? 1 ~ FLOOR NEW HAVEN, CT 065 10 (203) 821-3700 FEDERAL BAR # ct03793

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ATTORNEYS FOR THE PLAINTIFF UNITED STATES OF AMERICA

Dated:

11-d-o>

JONATH @INHORN 412 0 R A GE STREET NEW H VEN, CT 065 11 (203) 46-5554 ATTORNEY FOR THE CL.AIMANT KATHLEEN VON HOFE

J

Case 3:01-cv-02290-MRK

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Dated:

/) 0R /fly

A T T O ~ FOR THE CLAIMANT Y HAROLD VON HOFE

Dated:

//~f5q'y
HAROLD VON HOFE CLAIMANT

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CERTIFICATION This is to certify that a copy of the within and foregoing Stipulation for Compromise Szttiement was sent via first-class United States mail this Z/ day of 2007 to: Nh'. Jonathan J. Einhorn, Esq. 4 1 2 Orange Street New Haven, CT 065 11 James F. Cirillo, Jr., Esq. 500 E. Main Street, Suite 326 Branford, CT 06405