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States v. $8

United States District Court, D. Colorado

July 29, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
1. $8, 192.70 HELD IN FIRST BANK ACCOUNT #2026030437; 2. $50, 692.95 HELD IN FIRST BANK ACCOUNT #2021245699; 3. $557.10 HELD IN FIRST BANK ACCOUNT #2021248833; 4. $31, 821.72 HELD IN FIRST BANK ACCOUNT #2021250811; 5. $71, 373.36 HELD IN KIRKPATRICK BANK ACCOUNT #2015009936; 6. ALL FUNDS HELD IN JP MORGAN CHASE ACCOUNT #209158661; 7. ALL FUNDS HELD IN JP MORGAN CHASE ACCOUNT #556396807; 8. ALL FUNDS HELD IN JP MORGAN CHASE ACCOUNT #806530163; 9. ALL FUNDS HELD IN JP MORGAN CHASE ACCOUNT #630110356; 10. ALL FUNDS HELD IN JP MORGAN CHASE ACCOUNT #630090699; 11. ALL FUNDS HELD IN CHARLES SCHWAB ACCOUNT #72221164; 12. ALL FUNDS HELD IN CHARLES SCHWAB ACCOUNT #39014713; 13. 4567 MIRA DEL SOL COURT, CASTLE ROCK, COLORADO; 14. 25892 EAST 5TH PLACE, AURORA, COLORADO; 15. 1152 SOUTH ZENO WAY, UNIT E, AURORA, COLORADO; 16. 2675 SOUTH DANUBE WAY, UNIT 205, AURORA, COLORADO; 17. 21962 EAST CRESTLINE PLACE, AURORA, COLORADO; 18. 2012 DODGE CHALLENGER, VIN 2C3CDYBT4CH101201; 19. $15, 680.00 IN UNITED STATES CURRENCY; and 20. 2013 DODGE CHARGER, VIN 2C3CDXGJ9DH514346. Defendants.

          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 ...


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