Court filing

Information — United States v. Shibley (Dkt. 181, W.D. Wash. No. 2:20-cr-00174)

Filed September 7, 2022 in Shibley; one of 140 filings from this case.

Record facts

Court	U.S. District Court for the Western District of Washington
Filed	2022-09-07

U.S. District Court for the Western District of Washington · No. 2:20-cr-00174-JCC · Doc. 181 · 2022-09-07 · Docket on CourtListener

Full text

Declaration of AUSA Krista K. Bush in Support of Motion
for Final Order of Forfeiture - 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

DECLARATION OF AUSA
KRISTA K. BUSH IN
SUPPORT OF MOTION FOR
FINAL ORDER OF
FORFEITURE

I, Krista K. Bush, declare and say:
1.
I am a duly appointed Assistant United States Attorney for the Western
District of Washington, assigned to this case for the purpose of forfeiture.
2.
After reviewing the relevant investigative materials, the United States
identified six potential claimants to the property forfeited by Defendant Shibley in this
case. One potential claimant is an individual, M.B. The other five potential claimants are
entities associated with Defendant Shibley: A Team Holdings, LLC; Dituri Construction,
LLC; Eric E. Shibley, MD, PLLC; ES1, LLC; and SS1, LLC. On or about July 18, 2022,
the United States sent direct notice of the pending forfeiture to each of the potential
claimants at their last known addresses. Counsel for the corporate entity potential
claimants, which have been administratively dissolved, requested the United States also
send notice directly to counsel.
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 1 of 51

Declaration of AUSA Krista K. Bush in Support of Motion
for Final Order of Forfeiture - 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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a.
M.B. For potential claimant M.B., the United States sent a letter to
two addresses identified through a search of public records. One notice was returned,
marked “Vacant” and the other was returned, marked “Moved – Left No Address.” The
United States has no other information to locate M.B. The United States has used all
available efforts to send notice by means reasonably calculated to reach M.B., as required
by Rule 32.2(b)(6) and Supp. Rule G(4)(b).
b.
A Team Holdings, LLC. For potential claimant A Team Holdings,
LLC, the United States sent a letter to two addresses identified through a search of public
records and the case file: the address of record for the company and counsel for the
company, Paul A. Barrera. These notices were delivered on or about July 21-22, 2022.
c.
Dituri Constructions, LLC. For potential claimant Dituri
Construction, LLC, the United States sent a letter to two addresses identified through a
search of public records and the case file: the address of record for the company and
counsel for the company, Paul A. Barrera. These notices were delivered on or about July
21-22, 2022.
d.
Eric E. Shibley, MD, PLLC. For potential claimant Eric E.
Shibley, MD, PLLC, the United States sent a letter to two addresses identified through a
search of public records and the case file: the address of record for the company and
counsel for the company, Paul A. Barrera. The notice sent to Mr. Barrera was delivered
on or about July 22, 2022. The notice sent to the company’s address of record was
returned, marked “Forward Time Expired,” and bearing Mr. Barrera’s address as the
forwarding address.
e.
ES1, LLC. For potential claimant ES1, LLC, the United States sent
a letter to four addresses identified through a search of public records and the case file:
two addresses of record for the company; counsel for the company, Paul A. Berrera; and
the company’s bankruptcy counsel, Kathryn Scordato. These notices were delivered on or
about July 21-22, 2022.
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 2 of 51

Declaration of AUSA Krista K. Bush in Support of Motion
for Final Order of Forfeiture - 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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f.
SS1, LLC. For potential claimant SS1, LLC, the United States sent a
letter to two addresses identified through a search of public records and the case file: the
address of record for the company and counsel for the company, Paul A. Barrera. These
notices were delivered on or about July 21-22, 2022.
True and correct copies of the notices and associated delivery records, redacted to
preserve the privacy of the potential individual claimant, are attached as Exhibits A, B, C,
D, E, & F, respectively.
I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on this 7th day of September, 2022.

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101
(206) 553-2242
Krista.Bush@usdoj.gov
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 3 of 51

EXHIBIT A
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 4 of 51

Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 5 of 51

We also recommend you reference the case title and number in your petition. You can file your
petition by sending it to: Clerk’s Office, United States District Court, Western District of
Washington, 700 Stewart Street, Suite 2310, Seattle, WA 98101 (Telephone: (206) 370-8400).

If you do file a petition, please also send a copy to me at the above address.

Thank you.

Sincerely,

NICHOLAS W. BROWN
United States Attorney

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney

KB/hw

Enclosure
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 6 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 9 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 12 of 51

EXHIBIT B
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 13 of 51

U.S. Department of Justice

United States Attorney

Western District of Washington

Please reply to:
Krista K. Bush
Assistant United States Attorney
Information Line: (206) 553-2242

700 Stewart Street, Suite 5220
Seattle WA, 98101-1271
www.usdoj.gov/usao/waw

Tel: (206) 553-7970
Fax: (206) 553-6934

July 18, 2022

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 20

The A Team Holdings, LLC
c/o Paul A. Barrera
North City Law, PC
17713 15th Ave NE, Suite 101
Shoreline, WA 98155

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 13

The A Team Holdings, LLC
4700 36th Ave SW,
Seattle, WA 98126-2716

RE:
Notice of Property Preliminarily Forfeited in

United States v. Eric R. Shibley, Case No. CR20-174-JCC

United States District Court for the Western District of Washington

To Whom It May Concern,

This letter is to notify you that the property identified in the enclosed Preliminary Order of
Forfeiture, which was entered in the above-captioned federal prosecution, is subject to forfeiture
to the United States. We are sending you this notice pursuant to Federal Rule of Criminal
Procedure 32.2(b)(6) and 21 United States Code (“U.S.C.”) § 853(n)(1).

Before this property is finally forfeited, the Court will adjudicate any third-party petitions that
are filed claiming an interest in it. The recognized bases for stating an interest in criminally
forfeitable property are outlined at 21 U.S.C. § 853(n)(6)(A) & (B).

Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 14 of 51

If you believe you have such an interest in this property and want to contest the final forfeiture,
you must file a petition within 30 days of receiving this letter. See 21 U.S.C. § 853(n)(2). Your
petition must be signed under penalty of perjury, must state the nature and extent of your interest
in property (including the time and circumstances under which you acquired your interest and
any additional facts to support it), and must be filed with the Court. See 21 U.S.C. § 853(n)(2)
& (3).

If you do file a petition, please also send a copy to me at the above address.

Thank you.

Sincerely,

NICHOLAS W. BROWN
United States Attorney

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney

KB/hw

Enclosure
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 15 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 19 of 51

EXHIBIT C
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 20 of 51

U.S. Department of Justice

United States Attorney

Western District of Washington

Please reply to:
Krista K. Bush
Assistant United States Attorney
Information Line: (206) 553-2242

700 Stewart Street, Suite 5220
Seattle WA, 98101-1271
www.usdoj.gov/usao/waw

Tel: (206) 553-7970
Fax: (206) 553-6934

July 18, 2022

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2876 43

Dituri Construction, LLC
c/o Paul A. Barrera
North City Law, PC
17713 15th Ave NE, Suite 101
Shoreline, WA 98155

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2876 36

Dituri Construction, LLC
4700 36th Ave SW,
Seattle, WA 98126-2716

RE:
Notice of Property Preliminarily Forfeited in

United States v. Eric R. Shibley, Case No. CR20-174-JCC

United States District Court for the Western District of Washington

To Whom It May Concern,

petition must be signed under penalty of perjury, must state the nature and extent of your interest
in property (including the time and circumstances under which you acquired your interest and
any additional facts to support it), and must be filed with the Court. See 21 U.S.C. § 853(n)(2)
& (3).

If you do file a petition, please also send a copy to me at the above address.

Thank you.

Sincerely,

NICHOLAS W. BROWN
United States Attorney

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney

KB/hw

Enclosure
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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 25 of 51

U.S. Department of Justice

United States Attorney

Western District of Washington

Please reply to:
Krista K. Bush
Assistant United States Attorney
Information Line: (206) 553-2242

700 Stewart Street, Suite 5220
Seattle WA, 98101-1271
www.usdoj.gov/usao/waw

Tel: (206) 553-7970
Fax: (206) 553-6934

July 18, 2022

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2876 05

Eric R. Shibley, MD, PLLC
c/o Paul A. Barrera
North City Law, PC
17713 15th Ave NE, Suite 101
Shoreline, WA 98155

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 99

Eric R. Shibley, MD, PLLC
4700 36th Ave SW,
Seattle, WA 98126-2716

RE:
Notice of Property Preliminarily Forfeited in

United States v. Eric R. Shibley, Case No. CR20-174-JCC

United States District Court for the Western District of Washington

To Whom It May Concern,

If you do file a petition, please also send a copy to me at the above address.

Thank you.

Sincerely,

NICHOLAS W. BROWN
United States Attorney

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney

KB/hw

Enclosure
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 28 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 32 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 33 of 51

EXHIBIT E
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 34 of 51

U.S. Department of Justice

United States Attorney

Western District of Washington

Please reply to:
Krista K. Bush
Assistant United States Attorney
Information Line: (206) 553-2242

700 Stewart Street, Suite 5220
Seattle WA, 98101-1271
www.usdoj.gov/usao/waw

Tel: (206) 553-7970
Fax: (206) 553-6934

July 18, 2022

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 82

ES1, LLC
c/o Paul A. Barrera
North City Law, PC
17713 15th Ave NE, Suite 101
Shoreline, WA 98155

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 75

ES1, LLC
c/o Kathryn Scordato, Esq.
Vortman & Feinstein
2033 Sixth Avenue, Suite 251
Seattle, WA 98121

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 68

ES1, LLC
4700 36th Ave SW,
Seattle, WA 98126-2716

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 51

ES1, LLC
2033 6th Ave, Suite 251
Seattle, WA 98121-2526

RE:
Notice of Property Preliminarily Forfeited in

United States v. Eric R. Shibley, Case No. CR20-174-JCC

United States District Court for the Western District of Washington
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 35 of 51

To Whom It May Concern,

If you do file a petition, please also send a copy to me at the above address.

Thank you.

Sincerely,

NICHOLAS W. BROWN
United States Attorney

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney

KB/hw

Enclosure
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 36 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 37 of 51

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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 39 of 51

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SEATTLE WA DISTRIBUTION CENTER
July 19, 2022,
9:29 pm
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SEATTLE WA DISTRIBUTION CENTER
July 19, 2022,
7:45 pm
Departed Post Office
SEATTLE, WA 98101
July 19, 2022,
4:41 pm
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SEATTLE, WA 98101
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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 40 of 51

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Your item was delivered in or at the mailbox at 9:39 am on July 21, 2022 in SEATTLE, WA 98126.
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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 41 of 51

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Your item was delivered in or at the mailbox at 2:06 pm on July 21, 2022 in SEATTLE, WA 98121.
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July 21, 2022 at 2:06 pm
SEATTLE, WA 98121
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July 21, 2022,
2:06 pm
Delivered, In/At Mailbox
SEATTLE, WA 98121
Your item was delivered in or at the mailbox at 2:06 pm on July 21, 2022 in SEATTLE, WA 98121.
July 21, 2022,
8:18 am
Out for Delivery
SEATTLE, WA 98121
July 20, 2022,
5:31 pm
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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 43 of 51

EXHIBIT F
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 45 of 51

U.S. Department of Justice

United States Attorney

Western District of Washington

Please reply to:
Krista K. Bush
Assistant United States Attorney
Information Line: (206) 553-2242

700 Stewart Street, Suite 5220
Seattle WA, 98101-1271
www.usdoj.gov/usao/waw

Tel: (206) 553-7970
Fax: (206) 553-6934

July 18, 2022

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 44

SS1, LLC
c/o Paul A. Barrera
North City Law, PC
17713 15th Ave NE, Suite 101
Shoreline, WA 98155

Via Priority U.S. Mail with Tracking
Tracking Number: 9114 9022 0078 9749 2875 37

SS1, LLC
4700 36th Ave SW,
Seattle, WA 98126-2716

RE:
Notice of Property Preliminarily Forfeited in

United States v. Eric R. Shibley, Case No. CR20-174-JCC

United States District Court for the Western District of Washington

To Whom It May Concern,

If you do file a petition, please also send a copy to me at the above address.

Thank you.

Sincerely,

NICHOLAS W. BROWN
United States Attorney

s/Krista K. Bush

KRISTA K. BUSH
Assistant United States Attorney

KB/hw

Enclosure
Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 47 of 51

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Delivered, Left with Individual
July 22, 2022 at 3:18 pm
SEATTLE, WA 98155
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July 22, 2022,
3:18 pm
Delivered, Left with Individual
SEATTLE, WA 98155
Your item was delivered to an individual at the address at 3:18 pm on July 22, 2022 in SEATTLE, WA
98155.
July 21, 2022
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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 48 of 51

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Your item was delivered in or at the mailbox at 9:39 am on July 21, 2022 in SEATTLE, WA 98126.
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Delivered, In/At Mailbox
July 21, 2022 at 9:39 am
SEATTLE, WA 98126
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July 21, 2022,
9:39 am
Delivered, In/At Mailbox
SEATTLE, WA 98126
Your item was delivered in or at the mailbox at 9:39 am on July 21, 2022 in SEATTLE, WA 98126.
July 20, 2022,
12:51 pm
Departed USPS Regional Origin Facility
SEATTLE WA DISTRIBUTION CENTER
July 19, 2022,
9:29 pm
Arrived at USPS Regional Origin Facility
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Case 2:20-cr-00174-JCC Document 181 Filed 09/07/22 Page 50 of 51

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Information — United States v. Shibley (Dkt. 181, W.D. Wash. No. 2:20-cr-00174)

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