Court filing

Indictment - United States v. Shibley companion docket

Record facts

Court	U.S. District Court for the Western District of Washington
Filed	2020-10-26

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 41-2 · 2020-10-26 · Docket on CourtListener

Summary

Doc. 41-2 in United States v. Shibley, No. 2:20-cr-00174-JCC, in the U.S. District Court for the Western District of Washington, filed October 26, 2020, is a [Proposed] Protective Order Restraining Certain Forfeitable Property. The proposed order would grant the government's motion to restrain five sums seized in May and June 2020 from accounts in the names of five entities, including Eric R. Shibley MD PLLC: $49,500.86, $100,000.00, $804,816.63, $114,440.00 and $114,743.59. It would find probable cause, based on a Federal Bureau of Investigation special agent's declaration, that the property is subject to forfeiture, citing the Indictment (Dkt. No. 31), the Forfeiture Bill of Particulars (Dkt. No. 39) and 21 U.S.C. § 853(e)(1). The three-page proposed order leaves the date blank for Judge John C. Coughenour and was presented by Assistant U.S. Attorney Krista K. Bush.

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Full text

Protective Order Restraining Certain Forfeitable Property- 1 
United States v. Shibley, CR20-174-JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET. SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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The Hon. John C. Coughenour 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF WASHINGTON 
AT SEATTLE 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
ERIC SHIBLEY 
 
Defendant. 
NO. CR20-174-JCC 
 
[PROPOSED] 
 
PROTECTIVE ORDER 
RESTRAINING CERTAIN 
FORFEITABLE PROPERTY 
 
 
THIS MATTER comes before the Court on the United States’ Motion for Entry of 
a Protective Order Restraining Certain Forfeitable Property (“Motion”), of the following 
property: 
A. 
$49,500.86 in U.S. funds, seized on or about May 29, 2020 from Navy 
Federal Credit Union account #******7528, held in the name of Eric R. 
Shibley MD PLLC; 
B. 
$100,000.00 in U.S. funds, seized on or about May 29, 2020 from Wells 
Fargo account #******2378, held in the name of ES1 LLC;  
/// 
 
/// 
Case 2:20-cr-00174-JCC     Document 41-2     Filed 10/26/20     Page 1 of 3

 
 
 
 
Protective Order Restraining Certain Forfeitable Property- 2 
United States v. Shibley, CR20-174-JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET. SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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C. 
$804,816.63 in U.S. funds, seized on or about May 27, 2020 from Wells 
Fargo account #******3536, held in the name of The A Team Holdings 
LLC;  
D. 
$114,440.00 in U.S. funds, seized on or about June 30, 2020 from Verity 
Credit Union account #***5390, held in the name of Dituri Construction 
LLC; and 
E. 
$114,743.59 in U.S. funds, seized on or about June 30, 2020 from Verity 
Credit Union account #***5320, held in the name of SS1 LLC. 
The Court, having reviewed the papers and pleadings filed in this matter, including 
the United States’ Motion and supporting Declaration of Federal Bureau of Investigation 
Special Agent (“SA”) Kathleen Moran, hereby FINDS entry of a protective order 
restraining the above-identified property (hereafter, the “Subject Property”) is appropriate 
because: 
• The United States gave notice of its intent to pursue forfeiture in the 
Indictment (Dkt. No. 31) and the Forfeiture Bill of Particulars (Dkt. No. 39);  
• Based on the facts set forth in SA Moran’s Declaration, there is probable cause 
to believe the Subject Property is subject to forfeiture in this case; and 
• To ensure the Subject Property remains available for forfeiture, its continued 
restraint, pursuant to 21 U.S.C. § 853(e)(1), is appropriate. 
 
NOW, THEREFORE, THE COURT ORDERS:  
1. 
The United States’ request for a protective order restraining the Subject 
Property pending the conclusion of this case is GRANTED; and 
2. 
The Subject Property, shall remain in the custody of the United States,  
/// 
 
/// 
Case 2:20-cr-00174-JCC     Document 41-2     Filed 10/26/20     Page 2 of 3

 
 
 
 
Protective Order Restraining Certain Forfeitable Property- 3 
United States v. Shibley, CR20-174-JCC 
UNITED STATES ATTORNEY 
700 STEWART STREET. SUITE 5220 
SEATTLE, WASHINGTON 98101 
(206) 553-7970 
 
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and/or its authorized agents or representatives, pending the conclusion of criminal 
forfeiture proceedings and/or further order of this Court.   
 
IT IS SO ORDERED. 
 
DATED this ______ day of ________________, 2020. 
 
 
________________________________ 
THE HON. JOHN C. COUGHENOUR 
UNITED STATES DISTRICT JUDGE 
 
 
 
 
 
 
 
Presented by: 
 
 
s/Krista K. Bush 
 
 
 
 
 
KRISTA K. BUSH 
Assistant United States Attorney 
700 Stewart Street, Suite 5220 
Seattle, WA 98101-1271 
Telephone: (206) 553-2242 
E-mail: krista.bush@usdoj.gov 
 
Case 2:20-cr-00174-JCC     Document 41-2     Filed 10/26/20     Page 3 of 3

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