United States District Court, D. Colorado
FINAL ORDER OF FORFEITURE AS TO CERTAIN DEFENDANT
ASSETS
RAYMOND P. MOORE UNITED STATES DISTRICT JUDGE
THIS
MATTER comes before the Court on the United States'
Unopposed Motion for Final Order of Forfeiture as to Certain
Defendant Assets (“Motion”) (ECF No. 176) based
on a settlement between the relevant interested parties. Upon
consideration of the Motion, the court record, and the
applicable statutes, rules, and case law, and being otherwise
fully advised, the Court makes the following findings of fact
and conclusions of law:
1. The
United States commenced this civil forfeiture action pursuant
to 21 U.S.C. § 881 and 18 U.S.C. § 981;
2. The
Court has subject matter jurisdiction pursuant to 28 U.S.C.
§ 1355;
3. All
known interested parties have been provided an opportunity to
respond and that publication has been effected as required by
Rule G(4) of the Supplemental Rules for Admiralty or Maritime
Claims and Asset Forfeiture Actions (ECF Nos. 63, 64, 69, and
171);
4.
Based upon the facts and verification set forth in the Second
Amended Verified Complaint for Forfeiture in Rem, it appears
by a preponderance of the evidence that there was reasonable
cause for the seizure of Defendant Assets (as defined below),
and a certificate of reasonable cause should be granted
pursuant to 28 U.S.C. § 2465;
5. The
facts and verifications as set forth in the Second Amended
Verified Complaint for Forfeiture in Rem provide probable
cause and an ample basis, by a preponderance of the evidence,
for a final judgment and order of forfeiture as to Defendant
Assets as to all claims asserted against them;
6. The
United States and Claimants Michael Stonehouse, Elizabeth
Organic Tomato Growers LLC, GDS LLC, Interactive Global
Management, Michael A. Stonehouse Irrevocable Trust, Michael
A. Stonehouse Living Trust, Stone Casa LLC, the Stonehouse
Foundation, Guadalupe DelCarmen Stonehouse, and Guadalupe D.
Stonehouse Living Trust have reached an agreement through an
Addendum to Settlement Agreement resolving their respective
claims and interests to the following defendant assets
(“Defendant Assets”):
a. $8, 192.70 held in First Bank account #2026030437;
b. $50, 692.95 held in First Bank account #2021245699;
c. $557.10 held in First Bank account #2021248833;
d. $31, 821.72 held in First Bank account #2021250811; and
e. $71, 373.36 held in Kirkpatrick Bank account
#2015009936;[1]
7. The
following Defendant Assets shall be forfeited to ...