UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOISWESTERN DIVISIONUNITED STATES OF AMERICA,))Plaintiff,))v.)No.12 CV 50153)HAVE FAITH IN MONEY, A QUARTER )HORSE AND 400 OTHER QUARTER )HORSES AND 21 EMBRYOS, ALL )IDENTIFIED ON ATTACHMENT A, 13)SADDLES IDENTIFIED ON ) ATTACHMENT B, AND FROZEN)STALLION SEMEN IDENTIFIED ON) ATTACHMENT C))Defendants.)
AGREED APPLICATION FOR PROTECTIVE ORDER FOR ASSETS SUBJECT TO FORFEITURE
The United States of America, by PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, and pursuant to 18 U.S.C. § 983(j)(1)(A),hereby submits an Agreed Application for Protective Order for Assets Subject toForfeiture and requests a Protective Order to preserve the availability of the followingproperty that is subject to forfeiture in the above-styled civil forfeiture action pursuantto 18 U.S.C. § 981(a)(1)(C):Have Faith in Money, a quarter horse and 400 other quarter horses and21 embryos, all identified on Attachment A, 13 saddles, identified on Attachment B, and frozen stallion semen from 8 horses, identified in Attachment C (defendant properties),and in support of its requests states as follows.
Case: 3:12-cv-50153 Document #: 27 Filed: 06/14/12 Page 1 of 7 PageID #:158
I.Background
1.On May 1, 2012, the United States filed a civil forfeiture complaintagainst properties owned by Rita A. Crundwell. The defendant properties werecomprised of 311 quarter horses located throughout the United States as identified on Attachment A. On May 25, 2012, the United States filed an amended civil forfeiturecomplaint against properties owned by Rita A. Crundwell. In the amended complaint,the defendant properties were comprised of 395 quarter horses and 21 embryos, allidentified on Attachment A, 13 saddles, identified on Attachment B, and frozen stallionsemen from 8 horses, identified in Attachment C. On June 13, 2012, the United Statesfiled a second amended civil forfeiture complaint against properties owned by Rita A.Crundwell. In the amended complaint, the defendant properties are comprised of 401quarter horses and 21 embryos, all identified on Attachment A, 13 saddles, identifiedon Attachment B, and frozen stallion semen from 8 horses, identified in AttachmentC. As set forth in detail in the Governments civil forfeiture complaint and the factualdeclarations contained therein, the United States has probable cause to believe thatthe defendant properties described in Attachments A, B, and C constitute and arederived from proceeds obtained from violations of Title 18, United States Code, Section1343, and as such are subject to forfeiture to the United States pursuant18 U.S.C. §981(a)(1)(C) (property derived from wire fraud).The United States seeks this protective order to bar Rita A. Crundwell and anyother person acting in concert with her from alienating, encumbering, transferring,selling or taking any action to diminish the value of the defendant properties described
2
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in Attachments A, B, and C. Claimant Rita A. Crundwell, through her attorneys, doesnot object to the issuance of the restraining order but in doing so is not admitting tothe allegations contained in the indictment or the civil forfeiture complaint. TheUnited States also seeks this protective order to permit the United States to take allnecessary steps to ensure the health and well-being of the defendant properties.
II. Authority for Issuing Post-Complaint Restraining Order
Pursuant to Section 983(j)(1), upon a showing of probable cause, the court isauthorized to enter a restraining order or injunction or take any other action topreserve the availability of property subject to forfeiture in a civil case following thefiling of a complaint.
See
United States v. Monsanto
, 491 U.S. 600, 615-16 (1989) (thestandard for issuing a restraining order is probable cause);
United States v. Farmer
,274 F.3d 800, 805-06 (4th Cir. 2001) (same).
1
In order to ensure the availability of property for civil forfeiture, 18 U.S.C. § 983(j)(1)(A) provides that the court may entera restraining order upon the filing of a civil forfeiture complaint alleging that theproperty with respect to which the order is sought is subject to civil forfeiture.
1
Most of the case law cited in this Application concerns restraining ordersissued under the identically-worded provisions in the criminal forfeiture statute, 21U.S.C. § 853(e). Because of the similarity in the statutes, the case law applicable tocriminal forfeiture restraining orders is also applicable to restraining orders issuedunder Section 983(j).
See
United States v. Melrose East Subdivision
, 357 F.3d 493,499 (5th Cir. 2004) (applying section 853(e) case law to section 983(j) restrainingorder);
United States v. Real Property . . . 2526 155
th
Place SE
, 2008 WL 5246381, *2(W.D. Wash. Dec. 17, 2008) (because § 983(j) is virtually identical to § 853(e), theSupreme Courts decision in
Monsanto
, holding that the issuance of a restrainingorder in a criminal case is mandatory upon a showing of probable cause, appliesequally to civil cases).
3
Case: 3:12-cv-50153 Document #: 27 Filed: 06/14/12 Page 3 of 7 PageID #:160
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Crundwell June 14 Protective Order 2
An agreed application for protective order for assets subject to forfeiture.
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