Opinion
CRIM. 5:18-CR-48 (CDL)
07-28-2023
UNITED STATES OF AMERICA v. THOMAS H. SACHY Defendant
PETER D. LEARY SEAN S. DEITRICK MEGGAN BESS SULLIVAN, ESQ.
PETER D. LEARY
SEAN S. DEITRICK
MEGGAN BESS SULLIVAN, ESQ.
JOINT STIPULATION TO MAINTAIN FORFEITURE OF REAL PROPERTY IN RELATED CIVIL FORFEITURE ACTION IN LIEU OF CRIMINAL FORFEITURE OF $200,000.00 IN UNITED STATES CURRENCY
COME NOW, Plaintiff, the United States of America, by and through its attorney, the United States Attorney for the Middle District of Georgia, and Defendant Thomas H. Sachy, by and through his counsel Meggan Bess Sullivan, Esq., (hereinafter collectively referred to as the “Parties”), and hereby enter into this Joint Stipulation to Maintain Forfeiture of Real Property in Related Civil Forfeiture Action in Lieu of Criminal Forfeiture of $200,000.00 in United States Currency (AAgreement@) to compromise and settle Defendant's interest in the real property located at 247 Lana Drive, Gray, Jones County, Georgia, and any appurtenances and improvements thereon, which is more particularly described as:
All that tract or parcel of land lying and being in Land Lot 30 of the 9th Land District of Jones County, Georgia, and being more particularly designated as Lot 7, containing 1.57 acres, more or less, according to a survey prepared by Herbert B. Orr, G.R.L.S., dated March 1, 2001, which appears of record in Plat Book 16, Page 220, Clerk's Office of Jones County
Superior Court, to which reference is made for a more complete and accurate description.
Said property is transferred subject to all easements and restrictions of record.
This is the same property described in a Quit Claim Deed dated February 12, 2009 and recorded in Deed Book 771, Page 423; aforesaid records.
Under the present system of numbering, this property is known as 247 Lana Drive, Gray, Jones County, Georgia.
Tax Map Parcel No.: J38 00 318A
I. PROCEDURAL BACKGROUND AND HISTORY
1. On June 13, 2018, a Federal Grand Jury sitting in the Middle District of Georgia, returned a six count Indictment [Doc. 1] against, inter alia, the Defendant, Thomas H. Sachy (hereinafter referred to as the “Defendant” or “Sachy”). Sachy was charged with Conspiracy to Distribute and Dispense Controlled Substances, Unlawful Dispensation and Distribution of Controlled Substances Resulting in Death and Serious Bodily Injury, Unlawful Dispensation and Distribution of Controlled Substances, Maintaining a Drug Involved Premises, and a Money Laundering Conspiracy; all in violation of Title 21, United States Code, Section 846, in connection with Title 21, United States Code, Sections 841(a)(1), (b)(1)(C), and (b)(2); Title 21, United States Code, Sections 841(a)(1), (b)(1)(C), and (b)(2); Title 21, United States Code, Sections 856(a)(1) and 2; and Title 18, United States Code, Section 1956(a)(1)(A)(i).
2. The Indictment included a generic Forfeiture Notice, which notified Defendant Sachy that upon conviction of the offense(s) set forth in the Indictment, he would be required to forfeit to the United States pursuant to Title 21, United States Code, Section 853, any property constituting, or derived from, any proceeds obtained, directly and indirectly, as a result of such offense(s), and any property, real or personal, used, or intended to be used in any manner or part to commit, or to facilitate the commission of, the offense(s); and/or any property, real or personal, involved in such offense, and any property traceable to such property, pursuant to Title 18, United States Code, Section 982(a)(1). Id. at pp. 12-14.
3. On August 1, 2018, the United States filed a Notice of Bill of Particulars for Forfeiture of Property [Doc. 80], giving the Defendant a detailed notice that upon conviction of the offense(s) set forth in the Indictment, the Defendant, shall forfeit to the United States of America pursuant to Title 21, United States Code, Section 853, any property constituting, or derived from, any proceeds obtained, directly and indirectly, as a result of such offense(s), and any property, real or personal, used, or intended to be used in any manner or part to commit, or to facilitate the commission of, the offense(s); and/or any property, real or personal, involved in such offense, and any property traceable to such property, pursuant to Title 18, United States Code, Section 982(a)(1), including, but not limited to the real property known as 247 Lana Drive, Gray, Jones County, Georgia.
4. On December 3, 2018, the United States filed a Second Notice of Bill of Particulars for Forfeiture of Property [Doc. 104], giving the Defendant a detailed notice that upon conviction of the offense(s) set forth in the Indictment, the Defendant, shall forfeit to the United States of America pursuant to Title 21, United States Code, Section 853, any property constituting, or derived from, any proceeds obtained, directly and indirectly, as a result of such offense(s), and any property, real or personal, used, or intended to be used in any manner or part to commit, or to facilitate the commission of, the offense(s); and/or any property, real or personal, involved in such offense, and any property traceable to such property, pursuant to Title 18, United States Code, Section 982(a)(1), including, but not limited to the following:
REAL PROPERTY
A. Real property known as 247 Lana Drive, Gray, Jones County, Georgia, and any appurtenances and improvements thereon, which is more particularly described as:
All that tract or parcel of land lying and being in Land Lot 30 of the 9th Land District of Jones County, Georgia, and being more particularly designated as Lot 7, containing 1.57 acres, more or less, according to a survey prepared by Herbert B. Orr, G.R.L.S., dated March 1, 2001, which appears of record in Plat Book 16, Page 220, Clerk's Office of Jones County Superior Court, to which reference is made for a more complete and accurate description.
Said property is transferred subject to all easements and restrictions of record.
This is the same property described in a Quit Claim Deed dated February 12, 2009 and recorded in Deed Book 771, Page 423; aforesaid records.
Under the present system of numbering, this property is known as 247 Lana Drive, Gray, Jones County, Georgia.
Tax Map Parcel No.: J38 00 318A
FIREARMS
A. Six (6) assorted firearms with magazines and ammunition, seized from Thomas Sachy at Georgia Pain and Behavioral Medicine, more particularly described as follows:
1. One (1) Berretta, Model: U22 Neos, .22 caliber pistol, Serial Number: R12360, with attached magazine and four (4) rounds of ammunition;
2. One (1) Ruger, Model: 10/22, .22 caliber Takedown Lite rifle, Serial Number: 354-28585, with attached magazine and fourteen (14) rounds of ammunition;
3. One (1) Remington, Model: 870, .12 caliber Express Synthetic Tactical shotgun, Serial Number: AB879440M, with seven (7) rounds of ammunition;
4. One (1) Lithgow Enfield, Model: S.M.L.E, .303 caliber MK III rifle, Serial Number: 95157, with attached magazine;
5. One (1) Taurus, Model: PT-145, .45 caliber Millennium Pro pistol, Serial Number: NCS95614, with attached magazine and nine (9) rounds of ammunition;
6. One (1) Smith & Wesson, Model: 4516, .45 caliber Compact Stainless
pistol, Serial Number: TCT0969, with attached magazine and eight (8) rounds of ammunition.
BANK/RETIREMENT ACCOUNTS
A. Two hundred five thousand, eight hundred eighty-four dollars and twenty-nine cents ($205,884.29), seized from State Bank and Trust Company, Money Market Account Number: 2000235552; believed to be held by Thomas and Maureen Sachy;
B. Fifty thousand, seven hundred twenty-five dollars and twenty-three cents ($50,725.23), seized from Robins Financial Credit Union, Checking Account Number: 1000438817704, Member Number 70, believed to be held by Sachy, LLC;
C. One hundred twenty-nine thousand, nine hundred twenty-six dollars and eighty cents ($129,926.80), seized from Robins Financial Credit Union, Business Account Number: 1000368877779, Member Number 77; believed to be held by Georgia Pain and Behavioral Medicine;
D. Fifty thousand, nine hundred forty-nine dollars and fifty-four cents ($50,949.54), seized from Robins Financial Credit Union, Checking Account Number: 1000489414707; believed to be held by Maureen Sachy;
E. Eight hundred sixty-two thousand, three hundred seventy-two dollars, and four cents ($862,372.04), seized from Vanguard, SEP IRA Account Number: 46436568, believed to be held by THS Family Limited Partnership;
F. Fifty-two thousand, one hundred sixty-two dollars, and sixteen cents
($52,162.16), seized from Vanguard, SEP-IRA Account Number: 054088112241999, believed to be held by Thomas Sachy;
G. Thirty-six thousand, eight hundred ninety-five dollars, and seven cents ($36,895.07), seized from Vanguard, 500 Index Fund IRA Account Number: 054-88114516091, believed to be held by Thomas Sachy; and
H. Sixty-five thousand, seventy-six dollars, and fourteen cents ($65,076.14), seized from Vanguard, Individual Account Number: 43090798, believed to be held by Thomas Sachy.
5. On June 21, 2021, Defendant pled guilty to Count Four of the Indictment charging Sachy with Unlawful Dispensation and Distribution of Controlled Substances in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C). See Docs. 267-268. As part of the Plea Agreement [Doc. 267], Sachy agreed to the criminal forfeiture of six firearms. In addition, the Government reserved its right to proceed against any remaining assets including the following property:
CURRENCY
1. Four hundred thirty seven thousand dollars, four hundred eighty five dollars and eighty-six cents ($437,485.86) which equals the entirety of the money seized from the following accounts:
A. State Bank and Trust Company, Money Market Account Number: 2000235552; believed to be held by Thomas and Maureen Sachy;
B. Robins Financial Credit Union, Checking Account Number: 1000438817704, Member Number 70, believed to be held by Sachy, LLC;
C. Robins Financial Credit Union, Business Account Number: 1000368877779, Member Number 77; believed to be held by Georgia Pain and Behavioral Medicine; and
D. Robins Financial Credit Union, Checking Account Number: 1000489414707; believed to be held by Thomas and Maureen Sachy.
REAL PROPERTY
2. Real property known as 247 Lana Drive, Gray, Jones County, Georgia, and any appurtenances and improvements thereon, which is more particularly described as:
All that tract or parcel of land lying and being in Land Lot 30 of the 9th Land District of Jones County, Georgia, and being more particularly designated as Lot 7, containing 1.57 acres, more or less, according to a survey prepared by Herbert B. Orr, G.R.L.S., dated March 1, 2001, which appears of record in Plat Book 16, Page 220, Clerk's Office of Jones County Superior Court, to which reference is made for a more complete and accurate description.
Said property is transferred subject to all easements and restrictions of record.
This is the same property described in a Quit Claim Deed dated February 12, 2009 and recorded in Deed Book 771, Page 423; aforesaid records.
Under the present system of numbering, this property is known as 247 Lana Drive, Gray, Jones County, Georgia.
Tax Map Parcel No.: J38 00 318A
6. On June 21, 2021, Defendant Sachy and Third-Party, Maureen Sachy also signed a separate Abandonment and Waiver of Claims as to Certain Property and Consent to its Disposition [Doc. 269] for the accounts listed above in paragraph 5.
7. On July 12, 2021, the United States filed a Verified Complaint for Forfeiture in Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT). The Verified Complaint alleged that the First through Fourth-Named Defendant Properties constitute 1) money furnished or intended to be furnished in exchange for a controlled substance or listed chemical in violation of the Controlled Substances Act; 2) proceeds traceable to such an exchange; and/or 3) money used or intended to be used to facilitate a violation of the Controlled Substances Act, and is therefore subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6). See Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT), Doc. 1 at ¶¶ 13 and 24. Additionally, the Verified Complaint alleged that the Fifth-Named Defendant Property (hereinafter referred to as “247 Lana Drive”) constitutes real property, which was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of the Controlled Substances Act punishable by more than one year's imprisonment, specifically 21 U.S.C. § 841(a)(1) and (b)(1)(C), and is therefore, subject to forfeiture pursuant to 21 U.S.C. § 881(a)(7). Id. at ¶¶ 14 and 25.
8. The First-Named Defendant Property consists of $205,884.29, seized on June 26, 2018, from State Bank and Trust Company, Money Market Account Number: 2000235552; believed to be held by Thomas and Maureen Sachy. The Second-Named Defendant Property consists of $50,725.23, seized on June 26, 2018, from Robins Financial Credit Union, Checking Account Number: 1000438817704, Member Number 70, believed to be held by Sachy, LLC. The Third-Named Defendant Property consists of $129,926.80, seized on June 26, 2018, from Robins Financial Credit Union, Business Account Number: 1000368877779, Member Number 77; believed to be held by Georgia Pain and Behavioral Medicine. The Fourth-Named Defendant Property consists of $50,949.54, seized on June 26, 2018, from Robins Financial Credit Union, Checking Account Number: 1000489414707; believed to be held by Maureen Sachy. The Fifth-Named Defendant Property is real property known as 247 Lana Drive.
9. The United States served written notice to all third parties who may have a legal interest in the property listed in the civil judicial forfeiture action and published notice of this forfeiture and the intent of the United States to dispose of the subject property in accordance with the law. A Declaration of Publication was filed on October 29, 2021, specifying the details of the internet publication. See Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT), Doc. 27.
10. On August 20, 2021, Claimant Douglas W. McDonald filed a Claim, through his counsel of record, Michael L. Chidester, Esq., asserting an interest in the Fifth-Named Defendant Property (247 Lana Drive), and an Answer on September 10, 2021. On September 21, 2021, Claimant McDonald filed an Amended Answer, though his counsel of record. See Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT), Docs. 16, 18, 21.
11. On August 24, 2021, Claimant James J. Macie filed a pro se Claim [Doc. 17], asserting an interest in the Fifth-Named Defendant Property (247 Lana Drive), and an Answer [Doc. 19] on September 14, 2021. On September 17, 2021, Claimant Macie filed his Attorney Lien, recorded on January 22, 2009, with the Clerk of the Jones County Superior Court, as an exhibit to supplement his filed Answer. See Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT), Docs. 17, 19-20.
12. On October 28, 2021, the United States and Claimant McDonald filed a Settlement Agreement and Release of Claims [Doc. 22] as to 247 Lana Drive, and a Consent Order [Doc. 24] was entered on October 29, 2021. As part of the agreement, the United States agreed that upon entry of a consent order by the Court, the United States prevailing against any other claims in this civil judicial action, the entry of a final order of forfeiture by the Court forfeiting the Fifth-Named Defendant Property to the United States, and sale of 247 Lana Drive pursuant to the final order of forfeiture, the United States will not contest payment to Claimant McDonald from the proceeds of the sale, in the total amount of three thousand, three hundred sixty-two dollars ($3,362.00), plus interest continuing to accrue at the legal rate from date of judgment to date of sale, after payment of outstanding taxes, and the expenses of custody and sale incurred by the United States Marshals Service as follows:
a. All unpaid attorney's fees and expenses of litigation due to McDonald in the amount of three thousand, three hundred sixty-two dollars ($3,362.00), pursuant to a Judgment Lien against the Fifth-Named Defendant Property, evidenced by Judgments entered in Bibb County Superior Court on January 11, 2012, and on August 27, 2012, and represented by Writs of Fieri Facias recorded in Lien Book
639, Page 336, Clerk's Office, Bibb Superior Court, Lien Book 45, Page 419, Jones County Superior Court, and Lien Book 744, Page 156, Bibb Superior Court;
b. All unpaid interest continuing to accrue at the legal rate of 6.25 percent per annum since the issuance of the initial Writ of Fieri Facias. The amount of interest due as of October 27, 2021, is $1,962.25. Interest accrues at the rate of fifty-seven and 6/10 cents ($0.57.6) per day.See Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT), Docs. 22 and 24.
13. On October 29, 2021, the United States and Claimant Macie filed a Settlement Agreement and Release of Claims [Doc. 25] as to the Fifth-Named Defendant Property, and a Consent Order [Doc. 28] was entered on November 1, 2021. As part of the agreement, the United States agreed that upon entry of a consent order by the Court, the United States prevailing against any other claims in this civil judicial action, the entry of a final order of forfeiture by the Court forfeiting the Fifth-Named Defendant Property to the United States, and sale of 247 Lana Drive pursuant to the final order of forfeiture, the United States will not contest payment to Claimant Macie from the proceeds of the sale, in the total amount of ten thousand, seven hundred eighty-six dollars and six cents ($10,786.06), after payment of outstanding taxes, and the expenses of custody and sale incurred by the United States Marshals Service as follows:
a. All unpaid attorney's fees due to Macie in the amount of ten thousand, seven hundred eighty-six dollars and six cents ($10,786.06), pursuant to an Attorney's Lien against the Fifth-Named Defendant Property, recorded on January 22, 2009, in Lien Book 28, Page 695, Clerk's Office, Jones County Superior.
See Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT), Docs. 25 and 28.
14. Defendant Sachy, nor any other third-party person or entity filed a claim within the prescribed time period in the civil forfeiture action, and accordingly, on November 5, 2021, the United States moved for a Final Order of Forfeiture for the Defendant Property, and the Court entered a Final Order of Forfeiture on November 9, 2021. See Docs. 29 and 30.
15. On February 9, 2022, Defendant Sachy filed a Motion to Withdraw Guilty Plea [Doc. 297], through attorney Ronald W. Chapman, II, Esq. based on his former attorneys' ineffectiveness and lack of preparation.
16. On March 25, 2022, Defendant Sachy filed a Motion for Order of Recusal Pursuant to 28 U.S.C. § 455 and 28 U.S.C. § 144 and Motion to Reconsider Defendant's Motion to Withdraw Guilty Plea [Doc. 313], through attorney Meggan Bess Sullivan, Esq. On March 28, 2022, the Court entered an Order requesting that the Chief Judge reassign the case. On the same date the case was reassigned to Judge Clay D. Land, and a text entry only Order [Doc. 316] was entered finding the Motion for Recusal and Motion to Reconsider Defendant's Motion to Withdraw Guilty Plea [Doc. 313] as moot. The text Order [Doc. 316] further stated that the decision on the Motion for Withdrawal of Guilty Plea [Doc. 297] would be based on the present record. On April 5, 2022, Defendant Sachy filed a Motion for Leave to File Outside of Deadline and to Supplement the Record [Doc. 318], through his counsel Ronald W. Chapman, II, Esq. A text only Order [Doc. 319] was entered granting the motion, and on April 12, 2022, Defendant Sachy filed a Memorandum in Support [Doc. 320] of his Motion to Withdraw Plea of Guilty [Doc. 313]. On May 9, 2022, the Court entered an Order denying Defendant's Motion to Withdraw Plea of Guilty [Doc. 321].
17. On July 13, 2022, Defendant Sachy through his counsel, filed a Second Motion to Withdraw Plea of Guilty [Doc. 330], based on the United States Supreme Court's decision in Ruan v. United States, 142 S.Ct. 2370 (2022). On August 18, 2022, the Court entered an Order [Doc. 337] granting the Motion to Withdraw Plea of Guilty [Doc. 330], and setting the case for a jury trial beginning January 30, 2023.
18. On December 22, 2022, Defendant Sachy filed a Motion to Continue Trial [Doc. 369] though counsel, and the Court entered a text only Order [Doc. 372] continuing the trial to May, 1, 2023.
19. On May 11, 2023, the United States Attorney's Office, in the Middle District of Georgia, returned a one count Superseding Information [Doc. 406] against Sachy charging him with Conspiracy to Distribute and Dispense Controlled Substances, all in violation of Title 18, United States Code, Section 371, in connection with Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C). On the same date, Defendant pled guilty to Count One of the Superseding Information. See Docs. 407-408. As part of the Plea Agreement, Sachy agreed to the criminal forfeiture of six firearms and agreed to waive all interest and not file a claim to any of the firearms, or any other property subject to forfeiture, in any administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal, which may be or has been initiated. See Doc. 407, pp. 8-10.
20. The Government reserved its right to proceed against any remaining assets not identified either in the May 11, 2023, Plea Agreement or in any subsequent civil action, which was being resolved along with the plea of guilty, including the following property:
CURRENCY
1. Two hundred thousand dollars ($200,000.00) of the eight hundred sixty-two thousand, three hundred seventy-two dollars, and four cents ($862,372.04), seized from Vanguard, SEP IRA Account Number: 46436568, believed to be held by THS Family Limited Partnership.Id. at p. 11, paragraph J. The Government further agreed that the remaining balance of the Vanguard account and all other seized money accounts would be returned to the individuals/entities from which it was seized through Defendant's counsel of record. Id. at pp. 12-13, paragraphs K-R. The real property located at 247 Lana Drive, was not specifically addressed in the Defendant's Plea Agreement.
Based on the United States' agreement to return all other seized money accounts to the Defendant, the government will be filing a motion to vacate the Final Order of Forfeiture as to the First through Fourth-Named Defendant Properties under Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT).
21. On May 11, 2023, Defendant Sachy was sentenced, and the Judgment was entered on May 16, 2023. The Judgment specifically included the forfeiture of the six firearms and $200,000.00 of the Vanguard account.
22. As per the order of forfeiture in the related civil case, 247 Lana Drive was liquidated and sold for $220,000.00. The current net equity from the sale of 247 Lana Drive is $169,985.87. This amount represents the sale amount of the real property minus the United States Marshals Service's costs and fees related to the seizure, vendor, realtor, closing, and asset management expenses from the maintenance and sale of the property. The current net equity amount does not include the settlement payments that are due to be paid to Douglas W. McDonald and James J. Macie.
II. AGREEMENT
After sentencing and further discussion, the Parties wish to enter this Agreement to preserve the civil forfeiture of the real property located at 247 Lana Drive, Gray, Jones County, Georgia, in Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT) rather than criminally forfeiting the two hundred thousand dollars ($200,000.00) of the eight hundred sixty-two thousand, three hundred seventy-two dollars, and four cents ($862,372.04), seized from Vanguard, SEP IRA Account Number: 46436568, believed to be held by THS Family Limited Partnership. This Agreement is entered into between the Parties pursuant to the following stipulations and terms:
1. The Parties agree that 247 Lana Drive constitutes real property, which was used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of the Controlled Substances Act, and was forfeited pursuant to Title 21, United States Code, Section 881(a)(7), in Middle District of Georgia, Civil Case No. 5:21-CV-235 (MTT).
2. The Parties agree to preserve the civil forfeiture of 247 Lana Drive, in lieu of the United States criminally forfeiting the two hundred thousand dollars ($200,000.00) of the eight hundred sixty-two thousand, three hundred seventy-two dollars, and four cents ($862,372.04), seized from Vanguard, SEP IRA Account Number: 46436568.
3. The United States agrees to release the full balance of eight hundred sixty-two thousand, three hundred seventy-two dollars, and four cents ($862,372.04), seized from Vanguard, SEP IRA Account Number: 46436568, believed to be held by THS Family Limited Partnership. The United States further agrees that the funds shall be returned to THS Family Limited Partnership through the Defendant's counsel of record.
4. Defendant Sachy agrees that the preservation of the civil forfeiture of 247 Lana Drive in return for the release of the full balance of the Vanguard account reflects a reasonable compromise between the Parties.
5. Defendant Sachy agrees to the forfeiture of his interest in 247 Lana Drive as well as the interests of Sachy, LLC and Georgia Pain and Behavioral Medicine, and he nor members of his family will contest or in any way impede the forfeiture of the real property in the civil forfeiture action.
6. Defendant Sachy agrees to hold harmless, release, and forever discharge the United States, its officers, agents, attorneys, servants and employees, from any and all actions, causes of actions, suits, proceedings, debts, dues, contracts, judgments, damages, claims, or demands whatsoever in law or equity which Defendant his successors, or assigns, ever had, now have, or may have, whether known or unknown, in connection with the seizure and forfeiture of 247 Lana Drive in the related civil forfeiture action.
7. Defendant Sachy freely, voluntarily, knowingly, and intelligently waives any right to appeal or collaterally attack any matter in connection with the forfeiture of the real property located at 247 Lana Drive, in the civil forfeiture action, in lieu of the two hundred thousand dollars ($200,000.00) of the eight hundred sixty-two thousand, three hundred seventy-two dollars, and four cents ($862,372.04), seized from Vanguard, SEP IRA Account Number: 46436568.
8. In making this stipulation, no party relies on any statement or representation, oral or otherwise, made by an opposing party which contradicts the terms of this Agreement. The terms of this Agreement are contractual and are binding upon and inure to the benefit of the Parties to the Agreement and to their heirs, assignees, successors, and representatives.
THEREFORE, for the foregoing reasons, the parties jointly request the Court to enter a Consent Order with regard to the Agreement made between the Parties.
I, Thomas H. Sachy, Defendant, have entered into this Agreement freely and voluntarily, without coercion, duress or undue influence. I have discussed this Agreement with my attorney, Meggan Bess Sullivan, Esq., and I fully understand it and agree to its terms.
THOMAS H. SACHY DEFENDANT
I, Meggan Bess Sullivan, Esq., counsel for Defendant, have received a copy of this Agreement and have reviewed it with Defendant. To the best of my knowledge and belief, Defendant understands the terms of the Agreement and has freely and voluntarily entered into this Agreement.