Opinion
Case No. 3:09CV110
05-02-2013
UNITED STATES OF AMERICA, Plaintiff v. MISCELLANEOUS JEWELRY, VL: $35,324.00, et al. Defendants.
CARTER M. STEWART United States Attorney Pamela M. Stanek Assistant United States Attorney L. Patrick Mulligan per telephone authorization 4/23/13 L. Patrick Mulligan Attorney for Claimants George and Brenda Richardson
Judge Thomas M. Rose
AGREED ORDER AND DECREE OF FORFEITURE
It is hereby stipulated and AGREED by and between Plaintiff, United States of America and Claimants, GEORGE AND BRENDA RICHARDSON by and through their Counsel, L. Patrick Mulligan, that:
(1) the following items of Defendant(1), Miscellaneous Jewelry, VL $35,324.00 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6):
a. Man's Baume & Mercier Watch, Serial Number N4685626;
b. Man's Movado Watch, Serial Number 955102;
c. Ladies' Diamond Tissot Watch, Serial Number 901001;
d. Man's Diamond Cluster Ring;
e. Man's Diamond Ring;
f. Two Tone Man's Diamond Ring;
g. Two Tone Gold Cross;
h. Ladies' Diamond Ring;
i. Ladies' Tone Gold "Classic" Geneve Watch, Serial Number 805432;
j. Ladies' Diamond Cluster Tennis Bracelet;
k. Ladies' Diamond Necklace;
l. Ladies' Diamond Tennis Bracelet;
m. Men's Gold "Classic" Geneve Watch, Serial Number 6449904; and
n. Gold Rope Chain;
(2) the following items of Defendant (1), Miscellaneous Jewelry, VL $35,324.00 shall be returned to Claimants, GEORGE and BRENDA RICHARDSON through their attorney, L. Patrick Mulligan (see exhibit A attached hereto and incorporated herein) and more fully described as follows:
a. Man's Cartier Watch, Serial No. 44PL06;
b. Ladies' Diamond LeCoultre Watch, Serial No. 2283707; and
c. Ladies' Diamond Nugget Tennis Bracelet;
(3) Defendant (2), 2003 Dodge Ram,VIN #1D7HU18N53J556239 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4) and (6);
(4) Defendant (3), Miscellaneous 2 Weapons which includes a Taurus PT92 AF 9mm Semi-automatic, Serial Number L10273 and Glock 17 9mm Semi-automatic, Serial Number CU750 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(11);
(5) Claimants, GEORGE AND BRENDA RICHARDSON, shall release any and all claims which they may have against the Plaintiff, its agencies, and/or employees as well as local law enforcement agencies and their employees, arising out of the facts giving rise to this forfeiture action;
(6) the parties shall bear their own costs, including any possible attorneys' fees, court costs, or other expenses of litigation;
(7) the Court will retain jurisdiction to enforce the terms of this Agreement; and
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
(1) the following items of Defendant(1), Miscellaneous Jewelry, VL $35,324.00 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6):
a. Man's Baume & Mercier Watch, Serial Number N4685626;
b. Man's Movado Watch, Serial Number 955102;
c. Ladies' Diamond Tissot Watch, Serial Number 901001;
d. Man's Diamond Cluster Ring;
e. Man's Diamond Ring;
f. Two Tone Man's Diamond Ring;
g. Two Tone Gold Cross;
h. Ladies' Diamond Ring;
i. Ladies' Tone Gold "Classic" Geneve Watch, Serial Number 805432; j. Ladies' Diamond Cluster Tennis Bracelet;
k. Ladies' Diamond Necklace;
l. Ladies' Diamond Tennis Bracelet;
m. Men's Gold "Classic" Geneve Watch, Serial Number 6449904;
n. Gold Rope Chain;
(2) the following items of Defendant (1), Miscellaneous Jewelry, VL $35,324.00 shall be returned to Claimants, GEORGE and BRENDA RICHARDSON through their attorney, L. Patrick Mulligan:
a. Man's Cartier Watch, Serial No. 44PL06;
b. Ladies' Diamond LeCoultre Watch, Serial No. 2283707; and
c. Ladies' Diamond Nugget Tennis Bracelet.$7,100.00 in United States Currency;
(3) Defendant (2), 2003 Dodge Ram,VIN #1D7HU18N53J556239 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(4) and (6);
(4) Defendant (3), Miscellaneous 2 Weapons which includes a Taurus PT92 AF 9mm Semi-automatic, Serial Number L10273 and Glock 17 9mm Semi-automatic, Serial Number CU750 shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(11);
(5) any and all claims which Claimants, GEORGE and BRENDA RICHARDSON, may have against the Plaintiff, its agencies, and/or employees as well as local law enforcement agencies and their employees, arising out of the facts giving rise to this forfeiture action are hereby RELEASED;
(6) the parties shall bear their own costs, including any possible attorneys' fees, court costs, or other expenses of litigation;
(7) the Court will retain jurisdiction to enforce the terms of this Agreement; and
(8) this case is hereby TERMINATED on the docket.
_________________
THOMAS M. ROSE
UNITED STATES DISTRICT COURT JUDGE
CARTER M. STEWART
United States Attorney
_________________
Pamela M. Stanek
Assistant United States Attorney
L. Patrick Mulligan per telephone authorization 4/23/13
L. Patrick Mulligan
Attorney for Claimants George and Brenda Richardson