Order — United States v. Shibley (Dkt. 147, W.D. Wash. No. 2:20-cr-00174)

Record facts

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 147 · 2022-02-24 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
UNITED STATES OF AMERICA,
)
)
)
Plaintiff,
)
)
v.
CR20-0174-JCC
)
)
ERIC SHIBLEY
)
)
Defendant.
DECLARATION OF PUBLICATION
In accordance with 21 U.S.C. § 853(n)(1) and Rule 32.2(b)(6)(C) of the Federal Rules
of Criminal Procedure, notice of the forfeiture was posted on an official government internet
site (www.forfeiture.gov) for at least 30 consecutive days, beginning on January 25, 2022
and ending on February 23, 2022. (See, Attachment 1).
     I declare under penalty of perjury that the foregoing is true and correct.  Executed on
February 24, 2022 at Seattle, WA.
Krista K. Bush
AUSA
s/Krista K. Bush
Case 2:20-cr-00174-JCC     Document 147     Filed 02/24/22     Page 1 of 4

Attachment 1
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
COURT CASE NUMBER: CR20-0174-JCC; NOTICE OF FORFEITURE
Notice is hereby given that on January 21, 2022, in the case of U.S. v. ERIC 
SHIBLEY, Court Case Number CR20-0174-JCC, the United States District Court for the 
Western District of Washington entered an Order condemning and forfeiting the following 
property to the United States of America:
1. $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
(20-FBI-003722);
2. $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 (20-FBI-003721);
3. $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
(20-FBI-004476);
4. $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
(20-FBI-004221); and
5. $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 (20-FBI-004225).
The United States hereby gives notice of its intent to dispose of the forfeited 
property in such manner as the United States Attorney General may direct.  Any person, 
other than the defendant(s) in this case, claiming interest in the forfeited property must file 
an ancillary petition within 60 days of the first date of publication (January 25, 2022) of this 
Notice on this official government internet web site, pursuant to Rule 32.2 of the Federal 
Rules of Criminal Procedure and 21 U.S.C. § 853(n)(1).  The ancillary petition must be 
filed with the Clerk of the Court, 700 Stewart Street, Lobby Level, Seattle, WA  98101, and 
a copy served upon Assistant United States Attorney Krista K. Bush, 700 Stewart Street, 
Suite 5220, Seattle, WA  98101-1271.  The ancillary petition shall be signed by the 
petitioner under penalty of perjury and shall set forth the nature and extent of the 
petitioner's right, title or interest in the forfeited property, the time and circumstances of the 
petitioner's acquisition of the right, title and interest in the forfeited property and any 
additional facts supporting the petitioner's claim and the relief sought, pursuant to 21 
U.S.C. § 853(n).
Following the Court’s disposition of all ancillary petitions filed, or if no such petitions 
are filed, following the expiration of the period specified above for the filing of such 
ancillary petitions, the United States shall have clear title to the property and may warrant 
Case 2:20-cr-00174-JCC     Document 147     Filed 02/24/22     Page 2 of 4

good title to any subsequent purchaser or transferee.
The government may also consider granting petitions for remission or mitigation, 
which pardon all or part of the property from the forfeiture.  A petition must include a 
description of your interest in the property supported by documentation; include any facts 
you believe justify the return of the property; and be signed under oath, subject to the 
penalty of perjury, or meet the requirements of an unsworn statement under penalty of 
perjury.  See 28 U.S.C. Section 1746.  For the regulations pertaining to remission or 
mitigation of the forfeiture, see 28 C.F.R. Sections 9.1 - 9.9.  The criteria for remission of 
the forfeiture are found at 28 C.F.R. Section 9.5(a).  The criteria for mitigation of the 
forfeiture are found at 28 C.F.R. Section 9.5(b).  The petition for remission need not be 
made in any particular form and may be filed online or in writing.  You should file a petition 
for remission not later than 11:59 PM EST 30 days after the date of final publication of this 
notice.  See 28 C.F.R. Section 9.3(a).  The https://www.forfeiture.gov/FilingPetition.htm 
website provides access to a standard petition for remission form that may be mailed and 
the link to file a petition for remission online.  If you cannot find the desired assets online, 
you must file your petition for remission in writing by sending it to Assistant United States 
Attorney Krista K. Bush, 700 Stewart Street, Suite 5220, Seattle, WA  98101-1271.  This 
website provides answers to frequently asked questions (FAQs) about filing a petition for 
remission.  You may file both an ancillary petition with the court and a petition for 
remission or mitigation.
Case 2:20-cr-00174-JCC     Document 147     Filed 02/24/22     Page 3 of 4

  Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day 
between January 25, 2022 and February 23, 2022.  Below is a summary report that identifies the uptime 
for each day within the publication period and reports the results of the web monitoring system’s daily 
check that verifies that the advertisement was available each day.
Court Case No: 
CR20-0174-JCC
For Asset ID(s):      
U.S. v. ERIC SHIBLEY
See Attached Advertisement Copy
Consecutive
Calendar Day
 Count
Date Advertisement 
Appeared on the
Web Site
Total Hours Web Site 
was Available during 
Calendar Day
Verification that 
Advertisement
 existed on Web Site
 1
 23.9
Verified
01/25/2022
 2
 23.9
Verified
01/26/2022
 3
 23.9
Verified
01/27/2022
 4
 23.9
Verified
01/28/2022
 5
 23.9
Verified
01/29/2022
 6
 23.9
Verified
01/30/2022
 7
 23.9
Verified
01/31/2022
 8
 23.9
Verified
02/01/2022
 9
 24.0
Verified
02/02/2022
 10
 24.0
Verified
02/03/2022
 11
 24.0
Verified
02/04/2022
 12
 24.0
Verified
02/05/2022
 13
 24.0
Verified
02/06/2022
 14
 23.9
Verified
02/07/2022
 15
 23.9
Verified
02/08/2022
 16
 23.9
Verified
02/09/2022
 17
 23.9
Verified
02/10/2022
 18
 23.8
Verified
02/11/2022
 19
 23.9
Verified
02/12/2022
 20
 23.9
Verified
02/13/2022
 21
 23.9
Verified
02/14/2022
 22
 23.9
Verified
02/15/2022
 23
 23.9
Verified
02/16/2022
 24
 23.9
Verified
02/17/2022
 25
 23.9
Verified
02/18/2022
 26
 23.9
Verified
02/19/2022
 27
 24.0
Verified
02/20/2022
 28
 23.9
Verified
02/21/2022
 29
 23.9
Verified
02/22/2022
 30
 23.9
Verified
02/23/2022
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
Case 2:20-cr-00174-JCC     Document 147     Filed 02/24/22     Page 4 of 4

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