Court filing
Stipulation Settlement Agreement as to Petitioner New Horizon Real Estate — USA v. Thomas et al. (Dkt. 1069, N.D. Ga.)
Filed July 12, 2024 in USA v. Thomas et al.; one of 34 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-07-12 |
U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 1069 · 2024-07-12 · Docket on CourtListener
Full text
1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA,
v.
CHARLES HILL, IV,
DEFENDANT,
Criminal Action No.
1:20-cr-00296-JPB-CMS
[Ancillary Proceedings]
AND
NEW HORIZON REAL ESTATE, LLC
THIRD-PARTY PETITIONER.
STIPULATED SETTLEMENT AGREEMENT AS TO
PETITIONER NEW HORIZON REAL ESTATE, LLC
The United States of America and Petitioner, New Horizon Real Estate, LLC
(“Petitioner”), (collectively, “Parties”), hereby stipulate and agree to compromise
and settle the Petitioner’s third-party petition as to the real property located at 503-
505 Rockwell Street, S.W., Atlanta, Georgia (the “Rockwell Street Property”), as
identified in the Petition to Contest the Forfeiture of Property, (Doc. 967).
NOW, THEREFORE, THE UNITED STATES AND PETITIONER NEW
HORIZON REAL ESTATE, LLC HEREBY STIPULATE AND AGREE AS
FOLLOWS:
1.
The United States and the Petitioner agree, understand, and
acknowledge that none of the Parties to this Stipulated Settlement Agreement
admit or acknowledge any liability whatsoever to the other and, further, that the
Case 1:20-cr-00296-JPB-CMS Document 1069 Filed 07/12/24 Page 1 of 5
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Parties specifically and expressly deny any such liability. Neither this Stipulated
Settlement Agreement nor any payment hereunder is to be construed as an
admission of liability by either party.
2.
The United States hereby recognizes the petition of the Petitioner and
agrees that in lieu of forfeiting the Rockwell Street Property, the forfeiture order
shall be satisfied with the payment of $62,500.00 (Sixty-Two Thousand Five
Hundred Dollars). The United States agrees to release the lis pendens regarding the
Rockwell Street Property recorded in the Superior Court of Fulton County,
Georgia on May 6, 2021 in Lien Book 5103 Page 577 upon the receipt of the
payment of $62,500.00 (Sixty-Two Thousand Five Hundred Dollars).
3.
The Petitioner agrees to pay the United States the sum of $62,500.00
(Sixty-Two Thousand Five Hundred Dollars) in the form of a cashier’s check made
payable to the U.S. Marshals Service.
4.
The Petitioner agrees that the $62,500.00 (Sixty-Two Thousand Five
Hundred Dollars) to be paid to the U.S. Marshals Service shall be forfeited to the
United States in lieu of the Rockwell Street Property and that all right, title, and
interest in the $62,500.00 (Sixty-Two Thousand Five Hundred Dollars) shall vest
in the U.S. Marshals Service for disposition according to law.
5.
The Petitioner expressly agrees to hold harmless and indemnify the
United States and its agents and employees from any and all claims, suits, and
demands that may be brought against any of them in connection with, arising
from, or relating in any way to Petitioner’s claims in this forfeiture action, or the
drafting of this agreement.
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6.
Should the Petitioner fail to satisfy the terms of this Stipulated
Settlement Agreement within ninety (90) days of the entry of the Final Order of
Forfeiture, the United States reserves its right to execute on the forfeiture order
secured as to the Rockwell Street Property.
7.
The terms of this Stipulated Settlement Agreement are contingent
upon the Court’s entry of a Final Order of Forfeiture against $62,500.00 (Sixty-Two
Thousand Five Hundred Dollars) as substitute res for the Rockwell Street Property.
8.
The Petitioner understands and agrees that by entering into this
Stipulation, it waives any rights to further litigate against the United States its
interest in the Rockwell Street Property or to petition for remission or mitigation
of the forfeiture. Unless specifically directed by order of this Court, the Petitioner
is hereby excused and relieved from further participation in this action.
9.
The Petitioner hereby acknowledges and agrees that it has been
represented by competent counsel of its own choosing in connection with the
negotiation, preparation, and execution of this agreement, that the provisions and
the legal effect of this agreement have been fully explained to it, and that it entered
into this agreement freely and voluntarily, without any coercion, duress, or undue
influence.
10.
The United States and the Petitioner shall each be responsible for its
own attorneys’ fees and costs incurred in connection with this forfeiture action.
11.
This agreement constitutes the entire understanding between the
parties hereto concerning the settlement of these forfeiture proceedings. This
agreement shall have no effect on any civil, criminal, administrative or tax-related
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action that has been or may be brought against the Petitioner or anyone else as a
result of the facts and circumstances giving rise to this action. No promise or
representation that is not expressly set forth herein has been made to the Petitioner
to obtain its consent to this agreement.
12.
Any payments related to this Stipulated Settlement Agreement are
subject to offset pursuant to the Treasury Offset Program. Federal law requires the
Department of the Treasury and other disbursing officials to offset Federal
payments to collect delinquent tax and non-tax debts owed to the United States by
Petitioner, and certain other debts owed to individual States by Petitioner,
including delinquent child support, to the extent such debts may exist. The
Internal Revenue Service also levies disbursing officials to collect delinquent tax
debts. Agencies submitting debts for collection by offset or levy send due process
notification to the last known address prior to submission. If a payment to be made
to Petitioner is reduced to collect a debt, the Department of Treasury will send a
notice to Petitioner at the last address provided by Petitioner to the governmental
agency or entity to whom the offset payment is made.
13.
The terms and conditions of this agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, representatives, successors, and assignees.
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14.
This agreement may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement.
Dated: 7/12/2024
/s/ Angelina Banks
ANGELINA BANKS, MANAGING MEMBER
NEW HORIZON REAL ESTATE LLC
Petitioner
Dated: 7/12/2024
/s/ Brooke Gram
BROOKE GRAM
Georgia Bar No. 810901
Balch & Bingham LLP
30 Ivan Allen Jr. Boulevard N.W.
Suite 700
Atlanta, Georgia 30308
Email: bgram@balch.com
Attorney for Petitioner
New Horizon Real Estate, LLC
Dated: 7/12/2024
RYAN K. BUCHANAN
United States Attorney
/s/ Norman L. Barnett
_____________________________________
NORMAN L. BARNETT
Assistant United States Attorney
Georgia Bar No. 153292
norman.barnett@usdoj.gov
Case 1:20-cr-00296-JPB-CMS Document 1069 Filed 07/12/24 Page 5 of 5File and source
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