Case 3:22-cr-00053-CWR-FKB Document 8 Filed 10/20/22 Page 1 of 6

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

UNITED STATES OF AMERICA

v. CRIMINAL NO: 3:22-CR-53-CWR-FKB

ZACHARY W. NEW

URGENT AND NECESSITOUS MOTION

FOR LEAVE ALLOWING INTERLOCUTORY SALE OF PROPERTY

COME NOW Zach New and his wife, Ashly New, through counsel, and respectfully

request an interlocutory order allowing them to sell their house on November 3, 2022, and other

relief as requested below.

1. On April 19, 2022, Zach New pleaded guilty before this Court to an Information

charging a violation of Title 18, United States Code, Section 371 (“Plea”).

2. Since the Plea, Zach and Ashly New have worked hard to adapt to their new reality

and to prepare for Zach’s sentencing. Their preparations have included attempting to get their

finances in order. Ashley is a teacher at Jackson Academy, and Zach has found work making cold

calls for a staffing service. These jobs are by no means lucrative, but Ashly and Zach are thankful

to have them. Unfortunately, these jobs do not produce enough monthly income to cover all of

Zach and Ashly’s obligations. Most notably, Zach and Ashly’s house note has ballooned to

approximately $4600 per month as a result, at least partially, from monthly-payment deferrals

during the pendency of criminal proceedings. See Trustmark Monthly Statement, attached as

Exhibit A. This massive monthly obligation is unsustainable and threatens to drive Zach and

Ashly, and their children, into foreclosure.

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3. Zach and Ashly New first raised the urgent need to sell their house shortly after

Zach’s Plea Agreement was signed. These discussions have continued with the government, off

and on, through October 13, 2022. The government has not been unsympathetic, but, through no

one’s fault, an agreement providing permission to sell the house has never materialized.

4. On September 8, 2022, Zach and Ashly received an offer to purchase their house

for their full asking price of $915,000. This asking price was calculated by Nix-Tann Realtors

based on comparable sales in the area. Zach and Ashly accepted the $915,000 offer. Pursuant to

the contract, closing is set to occur on November 3, 2022. See Contract, Exhibit B. The Buyer will

not proceed without assurance that the government will not pursue the house post-closing.

5. Zach’s sentencing hearing currently is set for November 9, 2022. Absent expedited

relief from the Court based on the instant Motion, the Court will not have the opportunity to rule

on the sale of the house in the normal course of proceedings prior to the closing date of November

3, 2022.1

6. The government has a forfeiture claim against Zach. While Zach and Ashly do not

concede the government’s claim properly includes their house, they recognize the government’s

interest, as well as their own, in maximizing and preserving the value of the asset. The net equity

in the house, which is projected to be approximately $250,000, is the only genuine asset. The

remaining net proceeds are a debt subject to a secured interest held by the lender. In order to

reasonably protect the government’s interest, Zach and Ashly propose that one-half of the net

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Pursuant to continued cooperation under the Plea Supplement, the parties have agreed that a
continuance of the sentencing hearing is warranted. Based on information and belief, a request from the
government for continuance of the sentencing hearing is or will be forthcoming. If the Court chooses to
continue the sentencing hearing, potential relief concerning the house would be pushed further into the
future absent the instant Motion.

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equity from the sale of the house, i.e. Zach’s half, be deposited into the trust account of Carroll

Bufkin, PLLC, upon closing and preserved there until further order of the Court.

7. The timely sale of the house, as requested herein, will maximize the value of the

asset, i.e. the net equity, and serve Zach and Ashly’s best interests, their children’s best interests,

and the government’s best interests. Recent home values have been at an all-time high, but it is no

secret that the housing market is trending downward. Interest rates have risen and a recession is

looming, neither of which will be kind to home values in the near future. The proposed sale of the

house at full asking price will protect the net equity from devaluation, which is virtually certain to

occur over the next twelve months. This serves everyone’s interests.

8. Zach and Ashly’s requested relief is within the Court’s authority, which

encompasses orders related to the disposition of assets under a claim of forfeiture. 18 U.S.C.

§981(c), as incorporated by 21 U.S.C. § 853(d).

Accordingly, Zach New and Ashly New respectfully request that the Court enter an order:

a. Granting permission to sell the house pursuant to the Contract; and

b. Requiring one-half (50%) of the net equity from the sale of the house be deposited

immediately upon closing into the trust account of Carroll Bufkin, PLLC, to be held in trust until

further order of the Court; and

c. Upon closing, extinguishing the government’s claims against the house; and

d. All other relief the Court may deem appropriate.

Respectfully submitted, this the 20th day of October 2022.

/s/ Gary Bufkin

THOMAS G. BUFKIN, MSB#10810

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Of Counsel:

Thomas G. “Gary” Bufkin

Luke E. Whitaker
CARROLL BUFKIN, PLLC
1076 Highland Colony Pkwy, Ste. 125
Ridgeland, Mississippi 39157
Telephone: 601.982.5011
Facsimile: 601.853.9540
tgb@carrollbufkin.com
lwhitaker@carrollbufkin.com

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CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing pleading with exhibits was served this day on

Dave Fulcher and Clay Baldwin of the United States Attorney’s Office.

Dated: October 20, 2022

/s/ Gary Bufkin

THOMAS G. BUFKIN

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CERTIFICATE OF CONFERENCE

Pursuant to U.L.Cr.R. 47(A), I hereby certify that I have conferred with opposing counsel

in a good faith attempt to resolve this matter without court intervention.

Dated: October 20, 2022

/s/ Gary Bufkin

THOMAS G. BUFKIN