Free Motion for Forfeiture of Property - District Court of Colorado - Colorado

Case 1:04-cv-00125-RPM-CBS

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Filed 07/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00125-RPM-CBS UNITED STATES OF AMERICA, Plaintiff, v. 770 LOOP ROAD, LEADVILLE, COLORADO; $10,846.00 IN UNITED STATES CURRENCY; and $6,546.06 IN UNITED STATES CURRENCY; Defendants. ______________________________________________________________________________ STIPULATED MOTION FOR FINAL ORDER OF FORFEITURE AND JUDGMENT ______________________________________________________________________________ The United States of America, by and through Assistant United States Attorney James S. Russell, with the concurrence of claimant Scott Gordon, through counsel Dennis Hartley, Esq., and claimant Aurora Loan Services by and through Jannine Mohr, Esq., moves this Court to enter a Final Order of Forfeiture and Judgment in this case. In support, the Plaintiff states: 1. The United States filed its Verified Complaint for Forfeiture In Rem against the

defendant properties on January 23, 2004, and an Amended Verified Complaint for Forfeiture In Rem on August 26, 2004. 2. All known interested parties have received notice of this action, as evidenced by

the Certificates of Service filed with the Court on April 29 and August 26, 2004. As evidenced by the Marshal's Return filed with the Court on August 16, 2004, notice of this action was published for four consecutive weeks in Denver Colorado. 1

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3.

On June 9, 2004, claimant Scott Gordon filed a Verified Statement of Interest and

Answer to the Complaint, claiming interest in all of the defendant property; on September 15, 2004 filed an Answer to the Amended Verified Complaint. 4. On April 26, 2005, claimant Aurora Loan Services filed an Answer to the

Amended Verified Complaint, and on May 3, 2005 filed a Verified Claim, claiming interest in defendant 770 Loop Road only. 5. The United States and claimants Scott Gordon and Aurora Loan Services have

reached a settlement resolving all issues in this civil forfeiture matter, and Settlement Agreement was filed with the Court on April 21, 2006. The terms agreed to by the parties are, inter alia, as follows: a. Claimant Gordon will pay to the United States in readily available funds $56,607.94 in lieu of forfeiture of defendant 770 Loop Road. b. Claimant Gordon agrees to forfeit all right, title and interest to the $56,607.94 paid in lieu of forfeiting defendant 770 Loop Road, to defendant $10,846.00 in United States currency, and to defendant $6,546.06 in United States currency (together "the subject currency"). c. Upon receipt of the $56,607.94, the United States will promptly file its Motion for Final Order of Forfeiture of the subject currency. d. A Certificate of Reasonable Cause pursuant to 28 U.S.C. §2465 shall issue as to all defendant properties. 6. On July 10, 2006, the United States received the $56,607.94 paid by Scott Gordon

in lieu of forfeiture of defendant 770 Loop Road. 7. As evidenced by the parties' Settlement Agreements, all issues pertaining to the 2

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defendant properties have been resolved, and the requirements of D.COLO.LR 7.1 have been met. 8. The facts and verification as set forth in the Complaint provide probable cause

and an ample basis for a final judgment and order of forfeiture as to all defendant properties. WHEREFORE the United States moves this Court to enter a Final Order of Forfeiture and Judgment in this case forfeiting the $56,607.94 paid by claimant Scott Gordon in lieu of defendant 770 Loop Road, defendant $10,846.00 in United States Currency, and defendant $6,546.06 in United States Currency in accordance with the terms and provisions of the parties' Settlement Agreement; and issuing a Certificate of Reasonable Cause as to all defendant properties pursuant to 28 U.S.C. §2465. Respectfully submitted this 10th day of July, 2006. WILLIAM J. LEONE United States Attorney s/ James S. Russell JAMES S. RUSSELL Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0402 E-mail: [email protected] Attorney for Plaintiff

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 10th day of July, 2006, I electronically filed the foregoing STIPULATED MOTION FOR FINAL ORDER OF FORFEITURE AND JUDGMENT with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail address: [email protected] [email protected]

s/ James S. Russell JAMES S. RUSSELL Assistant United States Attorney

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