Free Motion to Amend/Correct - District Court of Colorado - Colorado

Case 1:04-cr-00153-LTB

Document 520-4

Filed 09/08/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00153-LTB-1 UNITED STATES OF AMERICA, Plaintiff, v. 1. 2. 3. 4. 5. 6. GERALD P. SMALL, III, KELLI B. SMALL, a/k/a Kelli S. Burkhalter, ROBERT E. BICHON, ROBERT J. SIGG, CHARLES E. WINNETT, and CHAD E. HEINRICH Defendants. ORDER AMENDING FINAL ORDER OF FORFEITURE THIS MATTER comes before the Court on Flagstar Bank, FSB's ("Flagstar") and Impac Warehouse Lending Group, Inc.'s ("Impac") Motion to Amend the Final Order of Forfeiture. The Court, having reviewed said Motion, FINDS: THAT on February 18, 2005, this Court ("Federal Court") entered a criminal Judgment against Chad Heinrich ("Mr. Heinrich"), directing Mr. Heinrich to make $22,400,000.00 in restitution to Flagstar and $12,632,080.64 in restitution to Impac ("Heinrich Judgment"). THAT on February 24, 2005, the Federal Court entered a criminal Judgment against Charles Winnett ("Mr. Winnett"), directing Mr. Winnett to make $22,400,000.00 in restitution to Flagstar and $12,632,080.64 in restitution to Impac ("Winnett Judgment").

Case 1:04-cr-00153-LTB

Document 520-4

Filed 09/08/2007

Page 2 of 3

THAT on On March 14, 2006, the Federal Court entered a criminal Judgment against Gerald Small ("Mr. Small"), directing Mr. Small to make $22,400,000.00 in restitution to Flagstar and $12,632,080.64 in restitution to Impac ("Small Judgment"). THAT On April 17, 2006, the Federal Court entered a Final Order of Forfeiture directing that the United States dispose of properties in accordance with a Settlement and Distribution Agreement dated March 10, 2006 ("Distribution Agreement"). THAT the March 10, 2006 Distribution Agreement directed $22,400,000.00 in restitution to Flagstar and $12,632,080.64 in restitution to Impac. THAT on July 12, 2007, Flagstar and Impac executed an Assignment of Judgments and Stipulation for Distribution of Proceeds ("Assignment"). THAT pursuant to the Assignment, Impac assigned to Flagstar any further rights, title, and interest held by Impac relating to payments and proceeds from the Heinrich Judgment, the Winnett Judgment, and the Small Judgment ("Judgments"). NOW, THEREFORE, IT IS ORDERED, DECREED, AND ADJUDGED: THAT the United States shall have full and legal title to all forfeited properties and payments pursuant to the Judgments and may dispose of them in accordance the July 12, 2007 Assignment; and THAT the Final Forfeiture Order shall be amended to direct $35,032,080.64 in restitution to Flagstar and $0 in restitution to Impac.

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Case 1:04-cr-00153-LTB

Document 520-4

Filed 09/08/2007

Page 3 of 3

Dated this _____ day of September, 2007. BY THE COURT: _________________________ United States District Judge

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