Stipulation of Settlement Agreement as to Darrell Thomas — USA v. Thomas et al. (Dkt. 644, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 644 · 2023-03-03 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
              v. 
DARRELL THOMAS, 
                DEFENDANT, 
 
        Criminal Action No. 
        1:20-CR-296-JPB-AJB 
        [Ancillary Proceedings]  
AND 
DAYTONA BEACH IMPORTS INC D/B/A 
AUTO PAWN DAYTONA, 
THIRD-PARTY CLAIMANT. 
 
 
STIPULATED SETTLEMENT AGREEMENT AS TO CLAIMANT  
DAYTONA BEACH IMPORTS INC D/B/A AUTO PAWN OF DAYTONA 
 
The United States of America and Claimant, Daytona Beach Imports Inc d/b/a 
Auto Pawn of Daytona (“Claimant”), (collectively, “Parties”), hereby stipulate and 
agree to compromise and settle the Claimant’s claim to a 2017 Acura NSX with 
VIN 19UNC1B08HY000536 (“Property”), (Doc. 510).  
NOW, THEREFORE, THE UNITED STATES AND CLAIMANT DAYTONA 
BEACH IMPORTS INC D/B/A AUTO PAWN OF DAYTONA HEREBY 
STIPULATE AND AGREE AS FOLLOWS: 
 
Case 1:20-cr-00296-JPB-CMS     Document 644     Filed 03/03/23     Page 1 of 5

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1. The United States and Claimant 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 
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 Parties hereby stipulate that any of the violations involving the 
Defendant, Thomas Darrell, occurred without the knowledge of the 
Claimant.  
3. The Parties stipulate that Claimant holds an ownership interest in the 
property in the amount of $50,000.00 pursuant to a title pawn agreement 
entered on February 1, 2021, between the Claimant and Nathalie Ferreira 
Conception, owner of ISB Ventures LLC. 
4. The United States agrees that upon entry of a Final Order of forfeiture 
forfeiting the Property to the United States, and the sale of the Property by 
the United States, the United States will pay the Claimant $50,000.00 (Fifty 
Thousand Dollars).  
5. The payment to the Claimant shall be in full settlement and satisfaction of 
any and all claims by the Claimant to the Property.  
Case 1:20-cr-00296-JPB-CMS     Document 644     Filed 03/03/23     Page 2 of 5

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6. In consideration of the foregoing, the Claimant hereby releases any and all 
title, claims, rights, and causes of action they have or may have to the 
Property, which shall be disposed of according to law by the U.S. Marshals 
Service.  The Claimant shall not be entitled to receive any further payment 
from the United States as a result of this action. 
7. The Claimant 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 the seizure, this forfeiture action, or 
the drafting of this agreement. 
8. The terms of this Stipulated Settlement Agreement are contingent upon the 
forfeiture of the Property to the United States and the Court’s entry of a Final 
Order of Forfeiture in the instant case. 
9. The Claimant understands and agrees that by entering into this Stipulation, 
they waive any rights to further litigate against the United States their 
interest in the Property or to petition for remission or mitigation of the 
forfeiture.  Unless specifically directed by order of this Court, the Claimant 
is hereby excused and relieved from further participation in this action. 
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10. The United States and the Claimant 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 action that has been or may be brought against the Claimant or 
anyone else as a result of the facts and circumstances giving rise to the 
seizure.  No promise or representation that is not expressly set forth herein 
has been made to the Claimant to obtain their 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 Claimant, and certain other debts owed to individual States by 
Claimant, 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 Claimant is reduced to collect a 
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debt, the Department of Treasury will send a notice to Claimant at the last 
address provided by Claimant 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.
Executed this 16th day of December, 2022. 
RYAN K. BUCHANAN 
United States Attorney 
/s/ Radka T. Nations 
RADKA T. NATIONS 
Assistant United States Attorney 
600 United States Courthouse 
75 Ted Turner Drive SW 
Atlanta, Georgia 30303 
Telephone: (404) 581-6000 
/s/ Gregory Snell
Gregory Snell 
Attorney for Claimant 
Hassell + Snell 
1616 Concierge Blvd, Ste 100 
Daytona Beach, FL 32117 
Telephone: (386) 238-1357
Case 1:20-cr-00296-JPB-CMS     Document 644     Filed 03/03/23     Page 5 of 5

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