2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 1 of 8 Pg ID 201 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, vs. Civil No. 14-12960 Honorable: Victoria A. Roberts TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) IN U.S. CURRENCY, Defendant In Rem. ________________________________/ STIPULATION FOR ENTRY OF CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE Plaintiff, the United States of America (hereinafter the AUnited States@), by and through its counsel, Barbara L. McQuade, United States Attorney, and Adriana Dydell, Assistant United States Attorney, and Claimants Thomas E. Nelson, Sr. and Christelle Tillerson (collectively, “Claimants”), by and through their attorney, Cyril C. Hall, Esq., (the United States and the Claimants shall be referred to collectively as “the Parties”) enter into this Stipulation for Entry of Consent Judgment and Final Order of Forfeiture (the “Stipulation”) as to Defendant Twenty-Five Thousand Dollars ($25,000) in U.S. Currency (the “Defendant Currency”) under the terms and conditions set forth herein. 2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 2 of 8 Pg ID 202 The Parties agree with the following facts: 1. Agents with the United States Drug Enforcement Administration (“DEA”), seized the Defendant Currency on or around March 12, 2014, at the Detroit Metropolitan Airport in Romulus, Michigan. 2. On July 29, 2014, the United States timely filed a civil judicial forfeiture complaint against the Defendant Currency pursuant to Title 21, United States Code, Section 881(a)(6) (the “Complaint”) (Docket #1). 3. Claimants filed an Answer to the Complaint on January 9, 2015 (Docket #15), and an Amended Answer on May 7, 2015 (Docket #26). 4. Claimants filed claims of ownership to the Defendant Currency on January 13 and February 11, 2015 (Docket ## 16, 17, 18, 22). 5. The United States completed notice by publication of the Complaint and filed a Declaration of Publication with the Court on September 30, 2014 (Docket #5). 6. No other verified claims of interest or responses to the Complaint have been filed with the United States District Court by any other party, and the time to file such pleadings has expired. 7. The Parties are aware of their respective rights and wish to resolve this action without further litigation and expense. 2 2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 3 of 8 Pg ID 203 THEREFORE, the Parties stipulate and agree as follows: 1. This action is an in rem civil forfeiture action filed pursuant to Title 21, United States Code, Section 881(a)(6). 2. This Court has jurisdiction and venue over this action pursuant to Title 28, United States Code, Sections 1345, 1355(b)(1)(A), 1391(b)(2), and 1395(a), (b). 3. The allegations of the Complaint are well taken and the United States and its agents had reasonable cause to seize the Defendant Currency, as provided in Title 21, United States Code, Section 881(a)(6). The position of the United States, and its agents and employees in this action was and remains substantially justified as set forth in Title 28, United States Code, Section 2412. Claimants shall not claim or seek attorneys’ fees and costs in connection with this action and knowingly and voluntarily waive any and all claims they may have for attorneys’ fees and costs, whether under the Civil Asset Forfeiture Reform Act of 2000, the Equal Access to Justice Act, or any other statute, rule or regulation. 4. The Parties stipulate and agree that the following shall be FORFEITED to the United States pursuant to Title 21, United States Code, Section 881(a)(6): Four Thousand Dollars ($4,000) plus any interest accrued since the seizure date of March 12, 2014 on the total amount of the Defendant Currency (hereinafter, the “Forfeited Currency”). Any right, title or ownership interest of 3 2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 4 of 8 Pg ID 204 any of the Claimants and their agents, successors and assigns, and any right, title or ownership interest of any and all other persons in the Forfeited Currency is hereby and forever EXTINGUISHED and clear title to the Forfeited Currency shall VEST in the United States, and the United States Marshal’s Service (“USMS”), or its delegate, is AUTHORIZED to dispose of the Forfeited Currency according to law. 5. The Parties stipulate and agree that the following shall be RETURNED to Claimant Thomas E. Nelson, Sr.: Twenty One Thousand Dollars ($21,000) of the Defendant Currency. The United States agrees to release this amount, Twenty One Thousand Dollars ($21,000), to Claimant Thomas E. Nelson, Sr., less any debt owed to the United States, any agency of the United States, or any other debt which the United States is authorized to collect from either Claimant, including but not limited to, any debts that the United States may collect through the Treasury Offset Program (the “Returnable Amount”). Following entry of this Stipulation by the Court, and after Claimants’ attorney has supplied the United States with both Claimants’ social security numbers and the Automated Clearing House (“ACH”) information for electronic deposit of the Returnable Amount, the USMS, or its delegate, shall disburse the Returnable Amount to Claimant Thomas E. Nelson, Sr. through the Electronic Payment System (“EPS”) by electronic deposit into his attorney’s IOLTA account. 4 2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 5 of 8 6. Pg ID 205 Pursuant to this Stipulation, both Claimants agree to withdraw any and all claims they have made to any of the Defendant Currency, including any claims or amended claims filed in this civil judicial forfeiture action and any administrative claims of interest and/or petitions for remission or mitigation filed with the DEA. 7. Upon signing below, both Claimants agree to unconditionally release, remise and forever discharge the United States, and its agencies, agents, officers and employees, past and present, and all other persons, including but not limited to, agents and employees of the DEA, the United States Attorney’s Office, the USMS, any individual local law enforcement officers, departments or agencies, and any other persons who participated in or assisted in any aspect of this action and the underlying investigation (the “Released Parties”), from any and all actions, claims, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, and/or demands in law or equity, which Claimants, and/or their assigns, agents, officers, employees, heirs, or successors in interest had, now has, or may have against the Released Parties, for, or on account of, the incidents or circumstances giving rise to any aspect of the seizure, investigation, or forfeiture of any of the Defendant Currency. 8. Claimants hereby acknowledge that they are currently represented by the same attorney, Cyril C. Hall, Esq., in this forfeiture action and agree to waive any 5 2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 6 of 8 Pg ID 206 attorney representation conflicts related to this forfeiture action, including entry of this Stipulation. Claimants acknowledge that their attorney, Cyril C. Hall, Esq., has discussed with them the issue regarding conflicts. Claimants do not believe that any conflicts exist, and, if any conflicts do exist, Claimants waive those conflicts. In addition, Claimant Christelle Tillerson acknowledges that under this Stipulation, none of the funds that she has claimed in this action shall be returned to her and acknowledges that Claimant Thomas E. Nelson, Sr. shall receive funds that she previously claimed. 9. By signing this Stipulation, Claimants declare that they have read the terms of this Stipulation, have discussed this Stipulation with their attorney, are aware of their rights in this action, and fully understand the terms, conditions and consequences of entering into this Stipulation. 10. The Parties stipulate and agree that each side shall bear its own costs and attorneys’ fees in this action and in any subsequent action to enforce this Stipulation. 11. This Stipulation encompasses the full agreement of the Parties regarding the Defendant Currency. 12. This Stipulation may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and 6 2:14-cv-12960-VAR-MKM Doc # 31 Filed 08/28/15 Pg 7 of 8 Pg ID 207 the same agreement. 13. By their signatures below, the Parties agree to entry of this Stipulation. Upon entry of this Stipulation by the Court, this document shall constitute a Consent Judgment and Final Order of Forfeiture in this action and this case shall be DISMISSED. Agreed as to form and substance: BARBARA L. McQUADE United States Attorney S/ADRIANA DYDELL ADRIANA DYDELL Assistant United States Attorney 211 W. Fort Street, Suite 2001 Detroit, Michigan 48226 (313) 226-9125 adriana.dydell@usdoj.gov (CA Bar No. 239516) S/CYRIL C. HALL (with consent) CYRIL C. HALL, ESQ. Attorney for Claimants 14650 W. Warren Ave., Ste. 200 Dearborn, Michigan 48126 (313) 582-7930 cyrilhalllaw@sbcglobal.net (P29121) Dated: August 26, 2015 Dated: August 26, 2015 S/Christelle Tillerson (see attached pg) Christelle Tillerson, Claimant S/Thomas E. Nelson (see attached pg) Thomas E. Nelson, Sr., Claimant Dated: August 27, 2015 Dated: August 27, 2015 ****************************************************************** IT IS SO ORDERED: S/Victoria A. Roberts Dated: 8/28/2015 HONORABLE VICTORIA A. ROBERTS United States District Court Judge 7 DOC 31 Filed 08/28/208 the Saree agreement. 13. By their signaniresbelew, the Pasties agree to ef this Stipulatien. Upen anti}.r of this Stipulatien by the Cam, this dee?ment shall a Cans.th Judgment and Final Order nt?Ferfeiture in this aetinn and this ease shall he DISMISSED. I I Agreed as to farm and substanee: HARE ARA L. United States Atterne}? fr ADRMNA DYDELL ?ame/t. HALL, ESQ. Assistant United States Attemey ?atten-neg.r fer Claimants 211 W. Fart Street, Suite 233] HIE-SCI W. Warren Ave, Ste. 23!] DeeniL Michigan 43226 Dearberm Mieliigan 43126 (313) 223-9125 [313) 5324330 adrianadydellrj?gusdejgav milhalilawn?sheglnbalnet (EA Bar Ne- 23-9513} . [1329121) Dated: august 2315 Dated: August 2015 Chestelle Tillersea?, Claimant 'l?hemas e. Nelsen, EL, Claimant Dated: Augean, g, 211115 Dated: august 2015 IT [5 SD DRDERED: Dated: WET-time ananaTs United States District Ceurt Judge