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United States v. Retzer

February 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KURT RETZER, DEFENDANT.
NORTHERN CALIFORNIA FEDERAL LAND BANK ASSOCIATION, FLCA, PETITIONER.



The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

STIPULATION FOR FINAL ORDER OF FORFEITURE AND ORDER THEREON

IT IS HEREBY STIPULATED by and between plaintiff United States of America and petitioner Northern California Federal Land Bank Association, FLCA (hereafter "Land Bank"), to compromise and settle their interest in the following property (hereafter, the "Property"), and to consent to the entry of a Final Order of Forfeiture as to the following asset pursuant to Fed. R. Crim. P. 32.2 and 21 U.S.C. § 853:

$237,000 in U.S. Currency as a forfeiture money judgment from the equity in the Real Property located at 10175 Alberton Avenue, Chico, California, APN: 039-140-012, and more fully described in Exhibit A.

This Stipulation for Final Order of Forfeiture is entered into between the parties pursuant to the following terms:

1. On July 14, 2008, Kurt Retzer entered into a plea agreement in which he pled guilty to Count One of the Indictment, which charged Manufacture of Marijuana (at least 100 plants) in violation of 21 U.S.C. § 841(a)(1). The Indictment also contained a Forfeiture Allegation, which included real property located at 10175 Alberton Avenue in Chico, California, APN: 039-140-012. As part of his plea, Kurt Retzer agreed that the real property located at 10175 Alberton Avenue, Chico, California, APN: 039-140-012, is subject to forfeiture pursuant to 21 U.S.C. § 853 as this property was used to facilitate the illegal manufacture of marijuana. Kurt Retzer agreed to forfeit voluntarily and immediately the equity available in that property, $237,000, as a forfeiture money judgment under Fed. R. Crim. P. 32.2(b). The Court entered a Preliminary Order of Forfeiture on September 9, 2008.

2. Pursuant to 21 U.S.C. § 853(n)(1), the United States gave direct notice to Charlotte Retzer and Land Bank, and published notice of the order of forfeiture on the official internet government forfeiture site www.forfeiture.gov for 30 consecutive days, beginning on September 26, 2008. Land Bank filed a Petition for Ancillary Hearing on April 15, 2009, claiming a lien holder interest in the Property. No other persons or entities have come forward and the time for maintaining a claim has expired.

3. The parties hereby stipulate that Land Bank is a lien holder on the Property. Land Bank has a legal right, title, or interest in the Property, and that such right, title, or interest requires the Court to amend the Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(c)(2) to account for the Petitioner's interest because such interest was vested in it rather than the Defendant at the time of the commission of the acts which give rise to the forfeiture of the Property. See 21 U.S.C. § 853(n).

4. Pursuant to the plea agreement and the Preliminary Order of Forfeiture, Kurt Retzer shall pay the $237,000 forfeiture money judgment within two years from the date of sentencing on October 27, 2008. Any extensions of the payment deadline must be agreed to by the government. Payment should be made in the form of a cashier's check made payable to the "U.S. Marshals Service" and sent to the U.S. Attorney's Office, Attn: Asset Forfeiture Unit, 501 I Street, Ste. 10-100, Sacramento, CA 95814.

5. Kurt Retzer further stipulated and agreed that if payment of the $237,000 forfeiture money judgment, or the amount of the forfeiture money judgment ordered by the Court, is not received by the United States in full within two years from the date of sentencing, the United States Marshals Service shall be authorized to sell the real property located at 10175 Alberton Avenue, Chico, California, APN: 039-140-012, in the most commercially feasible manner, as soon as reasonably possible, for the maximum price.

6. If defendant Retzer is not able to pay the United States the $237,000 forfeiture money judgment within two years from the date of sentencing on October 27, 2008, the parties stipulate to the following:

a. The U.S. Marshals Service shall list the Property for sale. The U.S. Marshals Service shall have sole authority to select the means of sale, including sale by internet or through a licensed real estate broker, and shall have sole authority over the marketing and sale of the Property.

b. The U.S. Marshals Service shall have the Property appraised by a licensed appraiser of its choosing. The U.S. Marshals Service and the appraiser may have access to the Property and structures, buildings, or storage sheds thereon upon 24 hours telephonic notice.

c. If necessary, the U.S. Marshals Service, and any real estate broker employed by the U.S. Marshals Service, shall have the right to put a "lock box" on the Property to facilitate the marketing and sale of the Property.

d. Upon entry of the Final Order of Forfeiture and sale of the Property, the following costs, expenses and distributions shall be paid in escrow from the gross sales price in the following priority and to the extent funds are available:

(1) The costs incurred by the U.S. Marshals Service to the date of close of escrow, including the cost of posting, ...


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