Free Judgment - District Court of Colorado - Colorado

Case 1:03-cv-01041-PSF-BNB

Document 124

Filed 09/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Case No. 03-cv-01041-PSF-BNB UNITED STATES OF AMERICA, Plaintiff, v. DAVID B. ST. GERMAIN, and RANDY OVERLEY, Defendants. _____________________________________________________________________ AMENDED JUDGMENT _____________________________________________________________________ Pursuant to and in accordance with the Order on Pending Motions, signed by Judge Phillip S. Figa on April 4, 2005, incorporated herein by reference, it is ORDERED that Counts Three and Four are DISMISSED. This matter was tried before the Court on Counts One and Two from September 19, 2005 to September 21, 2005, Judge Phillip S. Figa presiding. The Court heard the evidence and arguments of counsel. On September 21, 2005, the Court made oral findings of fact and conclusions of law which are incorporated herein by reference as if fully set forth. According it is ORDERED that judgment is entered in favor of Plaintiff United States of America and against Defendant Randy Overley. It is FURTHER ORDERED that Plaintiff United States of America shall have an equitable judgment lien on the property located at 975 North Castlewood Drive,

Case 1:03-cv-01041-PSF-BNB

Document 124

Filed 09/23/2005

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Franktown, Colorado, in the principal amount of $75,397, plus interest at the rate of 8% per annum compounded annually from January 15, 2000 to the date of judgment. It is FURTHER ORDERED that a constructive trust is hereby imposed as to the equity in said property subject to the equitable judgment lien of which Defendant Randy Overley is the trustee for the benefit of Plaintiff United States of America and the claim it represents for the creditor of the restitution order against Defendant St. Germain. It is FURTHER ORDERED that all claims against Defendant David B. St. Germain are DISMISSED with prejudice. It is FURTHER ORDERED that post judgment interest shall accrue at the legal rate of 3.82% from the date of entry of this judgment. It is FURTHER ORDERED that Plaintiff United States of America shall have its costs by the filing of a Bill of Costs with the Clerk of this Court within ten days of the entry of judgment. DATED: September 23, 2005.

FOR THE COURT: Gregory C. Langham, Clerk s/Stephen P. Ehrlich By:__________________________________ Stephen P. Ehrlich Chief Deputy Clerk

APPROVED: s/ Phillip S. Figa _____________________ 2

Case 1:03-cv-01041-PSF-BNB

Document 124

Filed 09/23/2005

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Phillip S. Figa United States District Judge

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