1
2
3
4
5
6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
8 United States of America
9 CR-03-261-PHX—FJM
Plaintiff,
10 ORDER
v.
11 RE: Resolution of Ancillar%Prooeeding
Samih F adl Jamal, , Regarding the Interest of ells Fargo
12 Bank, N.A.
Defendant.
13
14 Upon stipulation executed by the parties, the United States of America (United
15 States) by and through PAUL K. CHARLTON, United States Attorney, and Lisa Roberts,
16 Assistant United States Attorney, and Third Party Petitioner, Wells Fargo Bank, N.A., acting
17 through their duly appointed attorney, George H. Smith, Berk & Moskowitz, P.C., the reciprocal
18 promises contained therein, for good cause shown and there being no objection thereto, the
19 Court finds that the proposed resolution of the matter is appropriate and therefore approves the
20 stipulation.
21 IT IS THE ORDER OF THE COURT that, the United States shall surrender to Wells Fargo
22 Bank the subject property, named below, to be applied towards Wells Fargo’s judgment issued
23 against Jamal Trading Company, Inc., in CV 04-018304, totaling $8,445.43:
24 Jamal Trading Company, Wells Fargo Bank account # 664594702, in the amount of
25 $4,538.79;
26 Samih F adl Jamal, Jamal Trading Company, Wells Fargo Bank account # 376068037 in
27 the amount of $3,906.64.
T 28
Case 2:O3—cr—OO261-FJIVI Document 1289-2 Filed O5/O9/2006 Page 1 of 2
1 It is further ORDERED that, in the event the defendant’s appeal is successful, and if for any
2 reason, the forfeiture finding against this defendant by this Court is vacated or reversed, the
3 subject property will be returned to the United States, pending further Order of this Court.
4 It is further ORDERED that the interest of Wells Fargo in the ancillary proceeding in this
5 case is hereby resolved, each party to pay its own costs, including attomeys fees.
6 It is further ORDERED that the United States Marshal Service shall issue a check in the
7 amount of $8,445 .43, made payable to Wells Fargo Bank, N.A., and mail to George H. Smith,
8 Berk & Moskowitz, P.C., 5665 North Scottsdale Road, Suite F—100, Scottsdale, Arizona 85250,
9 as soon as reasonably practical.
10 Done this ___ day of , 2006.
1 1
12
13
14
15
16
17
18
19
20 ‘
21
22
23
24
25
26
27
Case 2:O3—cr—OO261-FJIVI Document 1289-2 Filed O5/O9/2006 Page 2 of 2
Case 2:03-cr-00261-FJM
Document 1289-2
Filed 05/09/2006
Page 1 of 2
Case 2:03-cr-00261-FJM
Document 1289-2
Filed 05/09/2006
Page 2 of 2