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.)
MOTION FOR ENTRY OF A PROTECTIVE ORDER DIRECTINGTHE INTERLOCUTORY SALE AND DISPOSAL OF CERTAIN PROPERTY
The United States of America, through PATRICK J. FITZGERALD, UnitedStates Attorney for the Northern District of Illinois, moves for entry of a protectiveorder directing the interlocutory sale and disposal of certain property pursuant to theprovisions of Title 18, United States Code, Section 983(j)(1)(A), and in support thereof submits the following:1.On May 1, 2012, a verified complaint for forfeiture was filed pursuant to18 U.S.C. § 981(a)(1)(C) for the forfeiture of Have Faith in Money, a quarter horse, and310 other quarter horses, as properties which constitute and derive from proceedsobtained from violations of 18 U.S.C. § 1343.2.Also on May 1, 2012, the Court entered a Post-Complaint ProtectiveOrder, allowing, among other things, that the United States may take all necessary
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steps to ensure the health and well-being of the defendant horses.3.On May 25, 2012, a verified amended complaint for forfeiture was filedfiled pursuant to 18 U.S.C. § 981(a)(1)(C) for the forfeiture of Have Faith in Money, aquarter horse, and 394 other quarter horses, 21 embryos, 13 saddles and frozen stallionsemem from 8 horses, all listed in Attachments A, B and C, of the amended complaint(defendant properties), as properties which constitute and derive from proceedsobtained from violations of 18 U.S.C. § 1343.4.Also on May 25, 2012, the Court entered a Post-Complaint ProtectiveOrder, allowing, among other things, that the United States may take all necessarysteps to ensure the health and well-being of the defendant properties.5.On June 14, 2012, a verified second amended complaint for forfeiture wasfiled pursuant to 18 U.S.C. § 981(a)(1)(C) for the forfeiture of Have Faith in Money, aquarter horse, and 400 other quarter horses, any unborn foals subsequently born toany of those 401 horses, 21 embryos, 13 saddles and frozen stallion semen from 8horses, all listed in Attachments A, B and C, of the amended complaint (defendantproperties), as properties which constitute and derive from proceeds obtained fromviolations of 18 U.S.C. § 1343.6.Also on June 14, 2012, the Court entered a Post-Complaint ProtectiveOrder, allowing, among other things, that the United States may take all necessarysteps to ensure the health and well-being of the defendant properties.7.The United States requests action by this Court because the financialresponsibilities relating to the proper care and maintenance of the defendant2
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properties is burdensome and defendant, RITA A. CRUNDWELL, does not have themeans to continue meeting the financial obligations. The high costs associated withproviding the daily necessities for the defendant properties affects the value of theproperty and jeopardizes the availability of any equity, after satisfaction of obligations,that will be available for forfeiture to the United States. Furthermore, some of thedefendant horses require medical attention; for example, some are mares with recentlybirthed foals, and/or are pregnant, or are due to birth foals within the next month.8.Pursuant to 18 U.S.C. § 983(j), this Court has jurisdiction to enter ordersor to take other action to preserve and to protect property to insure that property or itsequity will be available for forfeiture in the event of conviction.9.Title 18, United States Code, Section 983(j)(1) provides in pertinent part:Upon application of the United States, the Court may enter a restrainingorder or injunction, require the execution of a satisfactory performancebond, create receiverships, appoint conservators, custodians, appraisers,accountants, or trustees, or take any other action to seize, secure,maintain, or preserve the availability of property subject to civilforfeiture (A)upon the filing of a civil forfeiture complaint allegingthat the property with respect to which the order is soughtis subject to civil forfeiture;10.Accordingly, in order to preserve the availability of the equity in thedefendant properties subject to forfeiture, the United States, along with defendantRITA A. CRUNDWELL, agree to the interlocutory sale of the defendant properties bythe United States Marshals Service, and agree that the proceeds from the sales, afterpayment of certain verifiable costs, be retained in an escrow account maintained by the3
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Rita Crundwell case: Horse sale 6/14
Motion for entry of a protective order directing the interlocutory sale and disposal of certain property.
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