FORFEITURE AGREEMENT by USA as to Francesco Distefano (Received at the Intake Counter on… — USA v. Distefano (Dkt. 68)

Summary

Sam DiStefano and Connie DiStefano, as trustees of the DiStefano Family Living Trust, signed this forfeiture agreement filed 04/25/25 in United States v. Francesco DiStefano (N.D. Ill., No. 24 CR 424, Judge Jeremy C. Daniel). It backs the $1,000,000 bond set under the Order Setting Conditions of Release of April 24, 2025 with two trust-held properties in Addison, Illinois, with equitable interests of at least $227,000 and $269,000, a combined $496,000. The sureties agree to forfeit their equity up to $1,000,000 if the defendant fails to appear or violates a release condition, to sign a quit claim deed to the United States held by the Clerk, and to pay any shortfall between the bond and their equity.

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Case: 1:24-cr-00424 Document #: 68 Filed: 04/25/25 Page 1 of 5 PageID #:288
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS F if iL. = ‘DB

EASTERN DIVISION
APR 25 2025
UNITED STATES OF AMERICA,
THOMAS G. BRUTON
CLERK, U.S. DISTRICT COURT 0
Vv. M
FRANCESCO DISTEFANO

No. 24 CR 424
Judge Jeremy C. Daniel

New Nee Nee eee ee

FORFEITURE AGREEMENT

Pursuant to the Order Setting Conditions of Release entered in the above-named case on
April 24, 2025 for and in consideration of bond being set by the Court for defendant FRANCESCO
DISTEFANO, (“defendant”) in the amount of $1,000,000 being partially secured by real property,
SAM DISTEFANO AND CONNIE DISTEFANO, AS TRUSTEES OF THE DISTEFANO
FAMILY LIVING TRUST DATED THE 5™ DAY OF DECEMBER, 2016 (GRANTOR)
hereby understands, warrants and agrees:

1. SAM DISTEFANO AND CONNIE DISTEFANO, AS TRUSTEES OF THE
DISTEFANO FAMILY LIVING TRUST DATED THE 5'! DAY OF DECEMBER, 2016
warrant that they are authorized to act on behalf of The DiStefano Family Living Trust dated the
5'" day of December, 2016 and warrant that the real property located at 157 North Oak Mill Street,

Addison, Illinois 60101, and described legally as follows:

LOT 39 IN OAK MILL SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 40 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED SEPTEMBER 1, 1989 AS DOCUMENT NO. R89-108405
AND CERTIFICATE OF CORRECTION RECORDED MAY 11, 1990 AS DOCUMENT
R90-057216 AND RECORDED FEBRUARY 7, 1991 AS DOCUMENT R91-13657, IN
DUPAGE COUNTY, ILLINOIS.
Case: 1:24-cr-00424 Document #: 68 Filed: 04/25/25 Page 2 of 5 PageID #:289
Permanent Index Number: 03-27-121-015
(the “subject property”)

is held in trust, namely, The DiStefano Family Living Trust dated the 5"" day of December, 2016.

2. SAM DISTEFANO AND CONNIE DISTEFANO warrant that there is one
outstanding mortgage against the subject property and that their equitable interest in the real
property equals at least $227,000.

3. SAM DISTEFANO AND CONNIE DISTEFANO, AS TRUSTEES OF THE
DISTEFANO FAMILY LIVING TRUST DATED THE 5" DAY OF DECEMBER, 2016
warrant that they are authorized to act on behalf of The DiStefano Family Living Trust dated the
5" day of December, 2016 and warrant that the real property located at 4N383 8th Avenue (aka
733 North 8th Avenue, Addison, Illinois 60101, and described legally as follows:

LOTS 25 AND 26 IN BLOCK 4 IN GRAUE’S LAKE TERRACE, BEING A
SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED MAY 8, 1925 AS DOCUMENT NUMBER 192604, IN DUPAGE
COUNTY, ILLINOIS.

Permanent Index Number: 03-20-303-028
(the “subject property”)

is held in trust, namely, The DiStefano Family Living Trust dated the 5" day of December, 2016.

2. SAM DISTEFANO AND CONNIE DISTEFANO warrant that there is one
outstanding mortgage against the subject property and that their equitable interest in the real
property equals at least $269,000.

3. SAM DISTEFANO AND CONNIE DISTEFANO have received a copy of the
Court’s Order Setting Conditions of Release and understand its terms and conditions.

4, SAM DISTEFANO AND CONNIE DISTEFANO understand and agree that they

will be subject to the terms and conditions of the Order Setting Conditions of Release until any of
Case: 1:24-cr-00424 Document #: 68 Filed: 04/25/25 Page 3 of 5 PageID #:290
the following events: (a) defendant surrenders to serve his sentence; (b) defendant is taken into
custody by order of the court in the above-captioned matter; (c) the above-captioned matter is
dismissed against defendant in its entirety; or (d) judgment is entered in defendant’s favor.

5. SAM DISTEFANO AND CONNIE DISTEFANO agree that public docket entries and
filings in the above-captioned matter constitute adequate notice to the surety of all judicial
proceedings in the case) SAM DISTEFANO AND CONNIE DISTEFANO understand that
modifications to the Court’s Order Setting Conditions of Release may occur and may materially
change the conditions of release. In exchange for the entry of the Order Setting Conditions of
Release, SAM DISTEFANO AND CONNIE DISTEFANO waive any right to receive notice of
judicial proceedings from the United States or the Court.

6. SAM DISTEFANO AND CONNIE DISTEFANO understands and agrees that this
forfeiture agreement applies to any modified Order Setting Conditions of Release entered by the
Court in the above-captioned matter.

7. SAM DISTEFANO AND CONNIE DISTEFANO agree that their equitable
interest in the above-described real property up to the amount of $1,000,000 shall be forfeited to
the United States of America should the defendant fail to appear as required by the Court or
otherwise violates any condition of the Court's Order Setting Conditions of Release, during the
pendency of the order.

8. SAM DISTEFANO AND CONNIE DISTEFANO agree to execute a quit claim
deed in favor of the United States of America, which deed shall be held in the custody of the Clerk
of the United States District Court, Northern District of Illinois, until further order of the Court.

9, SAM DISTEFANO AND CONNIE DISTEFANO understand that the United

States of America will seek an order from the Court authorizing the United States of America to
Case: 1:24-cr-00424 Document #: 68 Filed: 04/25/25 Page 4 of 5 PageID #:291
file and record the above-described deed, and will take whatever other action that may be necessary
to perfect its interest in the above-described real property, should the defendant fail to appear as
required by the Court or otherwise violates any condition of the Court’s Order Setting Conditions
of Release, during the pendency of the order.

10. SAM DISTEFANO AND CONNIE DISTEFANO understand and agree that,
should the defendant fail to appear as required by the Court or otherwise violates any condition of
the Court’s Order Setting Conditions of Release, they will be liable to pay the difference between
the bond amount of $1,000,000 and their equitable interest in the subject property, only up to the
amount of the bond and SAM DISTEFANO AND CONNIE DISTEFANO hereby agree to the
entry of a default judgment against them for the amount of any such difference.

11. SAM DISTEFANO AND CONNIE DISTEFANO agree that they will maintain the
subject property in good repair, pay all taxes and obligations thereon when due, and will take no
action which could encumber the real property or diminish the $496,000 combined equity which
is securing this bond, including any effort to sell or otherwise convey the property without leave
of Court.

12. SAM DISTEFANO AND CONNIE DISTEFANO understand that if they have
knowingly made or submitted or caused to be made or submitted any false, fraudulent or
misleading statements or documents in connection with this Forfeiture Agreement, or in
connection with the bond set, they are subject to a felony prosecution for making false statements
and making a false declaration under penalty of perjury.

13, SAM DISTEFANO AND CONNIE DISTEFANO agree that the United States shall
file and record a copy of this Forfeiture Agreement for each property with the DuPage County

Recorder's Office as notice of encumbrance in the amount of the bond.
Case: 1:24-cr-00424 Document #: 68 Filed: 04/25/25 Page 5 of 5 PageID #:292
14. SAM DISTEFANO AND CONNIE DISTEFANO hereby declare under penalty of
perjury that they have read the foregoing Forfeiture Agreement in its entirety, and the information
contained herein is true and correct.

Lx SAM DISTEFANO AND CONNIE DISTEFANO understand and agree that
failure to comply with any term or condition of this Forfeiture Agreement will constitute grounds
for the United States of America to request that the bond posted for the release of the defendant be

revoked.

SAM DISTEFANO, AS CO-TRUSTEE, OF THE SAM
DISTEFANO AND CONNIE DISTEFANO LIVING
TRUST DATED DECEMBER 1, 2016

Surety/Grantor

CONNIE leet (TPE AS CO-TRUSTEE, OF THE
SAM DISTEFANO AND CONNIE DISTEFANO
LIVING TRUST DATED DECEMBER 1, 2016
Surety/Grantor

oul ppuf ZY LO2S-

WITNHSS

Prepared by and Return to:
Bissell, US Attorney’s Office
219 S. Dearborn Street, 5th Floor
Chicago, Illinois 60604


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