Opinion
MELINDA HAAG, United States Attorney, DAVID R. CALLAWAY, Chief, Criminal Division, STEPHANIE M. HINDS, Assistant United States Attorney, San Francisco, California, Attorneys for United States of America.
BRENDA GRANTLAND, Attorney for Gregory and Erin McGregor.
STIPULATION AND PROPOSED FINAL ORDER OF FORFEITURE RE 936 NATCHEZ COURT, WALNUTCREEK
LUCY H. KOH, District Judge.
1. This Agreement is by and between the United States of America (hereinafter "Plaintiff') and Gregory and Erin McGregor (hereinafter "Petitioners") in order to resolve Petitioners' claim to the property located at 936 Natchez Court, Walnut Creek, California (hereinafter "subject property").
2. In full and final settlement of all claims and disputes related to the subject property in connection to the ancillary proceeding in the above-captioned matter, the Parties hereby stipulate and agree as follows:
a. The United States asserts that the subject property is forfeitable to the United States pursuant to 18 USC § 981 (a)(1)(C) as property traceable to fraud proceeds resulting from the criminal conviction of defendant Leo Kennedy for mail and wire fraud;
b. In order to avoid further litigation, and in lieu of forfeiting the subject property, Petitioners agree to pay and consent to the forfeiture of $50,000 to be paid to the United States at the close of escrow.
c. The payment as set forth above shall be wired to the United States c/o the United States Marshals Service.
d. Payment to Plaintiff, as set forth above, shall be in full settlement and satisfaction of any and all claims by Plaintiff to the subject property.
e. Plaintiff shall provide the escrow agent with a notice of release of the lis pendens against the subject property, which shall take effect at the close of escrow.
f. Petitioners agree to hold harmless the United States, its agencies, agents, employees and representatives (or any state and local law enforcement officer agency and officers) acting in the individual or official capacities, for all acts directly related to this forfeiture action.
g. The Court has continuing jurisdiction of this matter to enforce this Agreement.
IT IS SO STIPULATED:
[PROPOSED] ORDER
IT IS SO ORDERED.