The opinion of the court was delivered by: The Honorable Manuel L. Real United States District Judge
ORDER GRANTING PLAINTIFF UNITED STATES OF AMERICA'S MOTION FOR AN ORDER (1) AUTHORIZING THE UNITED STATES OF AMERICA TO SELL THE DEFENDANT ASSETS AND APPLY THE NET SALE PROCEEDS TO THE RESTITUTION ORDER ENTERED AGAINST TERRENCE TUCKER AND SONYA TUCKER IN THE RELATED CRIMINAL CASE; AND (2) DISMISSING THIS CIVIL FORFEITURE CASE WITHOUT PREJUDICE Date: May 3, 2010 Time: 10:00 a.m. Courtroom: 8, the Honorable Manuel L. Real
The motion by plaintiff United States of America ("the government") for an order (1) authorizing the United States of America to sell the defendant assets and apply the net sale proceeds to the restitution order entered against Terrence Tucker and Sonya Tucker in the related criminal case; and (2) dismissing this civil forfeiture case without prejudice came on regularly for hearing before this Court on May 3, 2010. After considering the papers submitted by the parties, arguments of counsel and all other matters presented to the Court in connection with the motion, and good cause appearing,
IT IS HEREBY ORDERED that:
1. The government's motion is granted. The defendant assets in this civil forfeiture case shall be used to satisfy the order on stipulation re: restitution (the "stipulated restitution order") filed on February 22, 2010 (docket no. 109) in the related criminal case against Terrence G. Tucker and Sonya Tucker entitled United States v. Terrance George Tucker and Sonya Delores Wodke Tucker, Case No. CR 08-1404-R (the "Tucker Criminal Case").
2. The defendant assets will be applied to the stipulated restitution order in the following manner. The government shall sell the non-currency defendants in this civil forfeiture action (i.e., the defendants Approximately 73 Miscellaneous Jewelry Items, One 2003 Travel Supreme Select Motor Home, One 2007 Lexus LX 470 and Approximately 14 Miscellaneous General Merchandise Items), and distribute the currency defendant in this civil forfeiture action (i.e., the defendant $1,047.76 in U.S. Currency), and the proceeds of the sale of the non-currency defendants, to the extent such amounts are available, in the following priority:
(a) first, payment to the government for all its expenses in maintaining, storing and selling the defendant assets; and
(b) second, payment to the victims in the manner set forth in the stipulated restitution order (i.e., payment in the proportion of each to the total). The total amount of restitution reflected in the stipulated restitution order is $532,719.00, which consists of the following: William Bass ($84,295.00); William Blamires ($56,954.00); Carol Frost ($168,612.00); Frank Lucido ($48,646.00); Michael Putich ($14,975.00); and Robert Wirtenberger ($159,237.00).
3. This civil forfeiture action is dismissed without prejudice. The parties shall bear their own attorney fees and costs.
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