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United States of America v. $1

March 3, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
$1,226,460.90 IN U.S. ACCOUNT FUNDS AND $45,000.00 IN U.S. CURRENCY, WILLIAM POLK HARRINGTON II, SUDIE HILLER AND CHANDRESH B. SHAH, CLAIMANTS. DEFENDANTS.



The opinion of the court was delivered by: The Honorable Dean D. Pregerson United States District Judge

CONSENT JUDGMENT OF FORFEITURE AS TO THE FOLLOWING DEFENDANT ASSETS ONLY: $340,728.80 OF THE DEFENDANT $1,226,460.90 IN U.S. ACCOUNT FUNDS

On or about January 25, 2007, plaintiff United States of America ("the government" or "the United States of America") filed cc: FISCAL a Complaint for Forfeiture alleging that the defendants $1,226,460.90 in U.S. Account Funds and $45,000.00 in U.S. Currency (collectively, the "defendants") are subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C) and 21 U.S.C. § 881(a)(6).

On or about March 1 and 7, 2007, claimant William Polk Harrington II filed a verified and amended verified claim, respectively, to the defendants. On or about April 3, 2007, claimant William Polk Harrington II filed a second amended verified claim to $885,732.10 of the defendant $1,226,460.90 in U.S. Account Funds. The $885,732.10 in account funds (the "Harrington-claimed defendant") which are the subject matter of William Polk Harrington's second amended verified claim are as follows:

a. $512,308.30 in account funds seized from Wachovia Bank account number XXXXXXXXX3503 in the name of "The Direct Meds" with William Polk Harrington, also known as Bill P. Harrington, as the sole signatory;

b. $39,016.62 in account funds seized from Wachovia bank account number XXXXXXXXX8926 in the name of William Polk Harrington, also known as Bill P. Harrington, as the sole signatory;

c. $87,756.88 in account funds seized from Wachovia Bank account number XXXXXXXXX8939 in the name of William Polk Harrington, also known as Bill P. Harrington, as the sole signatory; and

d. $246,650.30 in account funds seized from Wachovia Bank account number XXXXXXXXX3723 in the name of Direct Meds, Inc., with William Polk Harrington, also known as Bill P. Harrington, as the sole signatory.

On or about March 2, 2007, claimant Sudie Hiller filed a verified claim against that portion of the defendant $1,226,460.90 in U.S. Account Funds not claimed by claimant William Polk Harrington III (i.e., $340,728.80 of the defendant $1,226,460.90 in U.S. Account Funds). The account funds which are the subject matter of claimant Sudie Hiller's claim are $340,728.80 in account funds seized from Wachovia Bank account number XXXXXXXXX2645 in the name of Oualie, Inc., with Sudie Turpin Hiller, also known as S.J. Turpinhiller, as the sole signatory (the "Hiller-claimed defendant").

On or about March 2, 2007, claimant Chandresh B. Shah filed a verified claim to defendant $45,000.00 in U.S. Currency.

Claimants William Polk Harrington II, Sudie Hiller and Chandresh B. Shah filed their respective answers to the complaint on or about March 22, 2007. No other parties have appeared in this case and the time for filing claims and answers has expired.

On or about May 13, 2008, claimant William Polk Harrington II and the government resolved their disputes relative to the Harrington-claimed defendant by the filing of a consent judgment of forfeiture.

The government and claimant Sudie Hiller have now agreed to settle this matter as to the Hiller-claimed defendant and to avoid further litigation between them by entering into this Consent Judgment of Forfeiture.

The Court having been duly advised of and having considered the matter, and based upon the mutual consent of the parties hereto, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

1. This Court has jurisdiction over the subject matter of this action and over the parties to this ...


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