Stipulation and Settlement Agreement — United States v. Real Property in Hadley, New York (Dkt. 19)

Summary

Stipulation and Settlement Agreement filed June 30, 2023 as Document 19 in United States of America v. real property in Hadley, New York, Civil Action No. 1:23-cv-228 (GTS/CFH), U.S. District Court for the Northern District of New York. The agreement is between the United States and claimants Gerald and Traci Hackstadt in an in rem forfeiture action filed on February 21, 2023 under 18 U.S.C. §§ 981(a)(1)(A) and (C). The Claimants agree to pay the United States $190,000 on or before September 13, 2023 in lieu of the forfeiture of the real property. Upon receipt, the United States will agree to the Claimants' filing of late claims and will then move for an Order Barring All Further Claims, after which it will submit a proposed Order of Forfeiture and Judgment for the $190,000. The signature page names Hon. Glenn T. Suddaby for the order.

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Cite this document

“Stipulation and Settlement Agreement — United States v. Real Property in Hadley, New York (Dkt. 19).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cv-00228-dkt-19-951dafcf86/, SHA-256 633b00a8a0d9f3bac46e4ba4889a2ebd2d7b26ebf3d89d59877f9ad88c9c361d.

Full text

Case 1:23-cv-00228-GTS-CFH Document 19 Filed 06/30/23 Page 1 of 6

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

) Civil Action No. 1:23-cv-228 (GTS/CFH)
UNITED STATES OF AMERICA,
)
Plaintiff, )
v. )
)
Real property commonly known as 1766 )
South Shore Road, Hadley, New York )
12835, )
Defendant. )

STIPULATION AND SETTLEMENT AGREEMENT

WHEREAS, this Stipulation and Settlement Agreement is entered into by and between

the United States of America, acting through United States Attorney Carla B. Freedman and

Assistant United States Attorney Elizabeth A. Conger, and Gerald and Traci Hackstadt (the

“Claimants”), collectively referred to as “the Parties”;

WHEREAS, on February 21, 2023, the government, brought this in rem action against the

real property commonly known as 1766 South Shore Road, Hadley, New York 12835 (the

“Defendant Real Property”), pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C) as the proceeds of,

and property involved in, violations of 18 U.S.C. §§ 1343 (wire fraud), 1956 (money laundering)

and 1957 (engaging in monetary transactions in property derived from specified unlawful activity),

and Rule G of the Supplemental Rules for Certain Admiralty or Maritime Claims and Asset

Forfeiture Actions (“Supplemental Rule G”), (ECF No. 1);

WHEREAS, on May 5, 2023, the Claimants filed an Answer to the government’s

complaint by and through their counsel, Attorney Gregory J. Teresi, of Bartlett, Pontiff, Stewart

& Rhodes, P.C., claiming ownership of the Defendant Real Property, (ECF No. 17);

WHEREAS, neither Claimant has filed a verified claim to the Defendant Real Property

as is required by Supplemental Rule G(5)(a); and

1
Case 1:23-cv-00228-GTS-CFH Document 19 Filed 06/30/23 Page 2 of 6

WHEREAS, the Parties, desiring settlement of this matter without the need for further

litigation, agree to resolve this matter pursuant to the following terms;

IT IS AGREED AND STIPULATED that:

1. The Claimants agree to pay the United States of America $190,000 in U.S.

currency in lieu of the forfeiture of the Defendant Real Property.

2. Payment of the $190,000 in U.S. currency to the United States of America shall

be made through a single payment paid to the United States on or before September 13, 2023 in

the following manner: by check payable to the U.S. Marshals Service and mailed to United States

Marshals Service, Northern District of New York, PO Box 7260, 100 South Clinton Street,

Syracuse, New York 13261, to the attention of Yolanda Brzostowski, District Asset Forfeiture

Coordinator.

3. The Parties agree to the immediate stay of the matter as of the effective date of this

Stipulation and Settlement Agreement, including the stay of any future impending filing

deadlines, including, but not limited to, the July 5, 2023 deadline for the United States to file its

response to the Claimants’ counterclaims set forth in the Claimants’ Answer.

4. The Parties further agree that the matter shall be automatically unstayed on

September 14, 2023.

5. Upon receipt of Claimants’ payment of $190,000 in U.S. currency on or before

September 13, 2023, the United States will agree to the Claimants’ filing of their late claims to

the Defendant Real Property.

6. Once the Claimants have filed their late claims, the United States will then move

the Court for an Order Barring All Further Claims in this matter, other than the claims filed by

the Claimants.

2
Case 1:23-cv-00228-GTS-CFH Document 19 Filed 06/30/23 Page 3 of 6

7. Upon the issuance of an Order Barring All Further Claims, the United States will

submit to the Court a proposed Order of Forfeiture and Judgment for the forfeiture of the $190,000

in lieu of the forfeiture of the Defendant Real Property.

8. Upon the issuance of an Order of Forfeiture and Judgement, the United States will

file for a release of the lis pendens filed upon the Defendant Real Property in the county where

the Defendant Real Property sits and, upon receipt of said release, will file notice of the release

of the lis pendens on the docket in the above-captioned matter.

9. The Claimants agree that they have not substantially prevailed in this matter.

10. This Stipulation and Settlement Agreement is governed by the laws of the United

States. The exclusive jurisdiction and venue for any dispute relating to this Stipulation and

Settlement Agreement is the United States District Court for the Northern District of New York.

11. For purposes of construing this Stipulation and Settlement Agreement, it shall be

deemed to have been drafted by all Parties to this Stipulation and Settlement Agreement and shall

not, therefore, be construed against any Party for that reason in any subsequent dispute.

12. The Claimants hereby release and forever discharge the United States, its Agencies,

their officers, agents, servants and employees, as well as their heirs, successors, or assigns, from

any and all actions, causes of action, suits, proceedings, debts, dues, contracts, judgments,

damages, claims and/or demands whatsoever in law or equity which they or their successors, or

assigns ever had, now have, or may have in the future in connection with the above-captioned civil

forfeiture matter.

13. The Claimants further agree to indemnify, hold harmless, and save the United

States, its Agencies, their officers, agents, servants and employees, and their heirs, successors, or

assigns, from any other claims or litigation, including costs and expenses for or on account of any

3
Case 1:23-cv-00228-GTS-CFH Document 19 Filed 06/30/23 Page 4 of 6

lawsuits or claims of any character whatsoever in connection with the above-captioned civil

forfeiture matter.

14. This Stipulation and Settlement Agreement constitutes the complete agreement

between the Parties and may not be amended except by written consent of the Parties.

15. The undersigned parties and individuals represent and warrant that they are fully

authorized to execute this Stipulation and Settlement Agreement on behalf of the persons and

entities indicated below.

16. This Stipulation and Settlement Agreement may be executed in counterparts, each

of which constitutes an original and all of which constitute one and the same Stipulation and

Settlement Agreement.

17. This Stipulation and Settlement Agreement is binding on the Claimants’

successors, transferees, heirs, and assigns.

18. If payment of the $190,000 in U.S. currency is not made by the September 13,

2023 deadline pursuant to the terms set forth herein, the United States may, at its option, declare

the Claimants to be in breach of the Stipulation and Settlement Agreement in a Status Report filed

with the Court, and request the Court’s issuance of a renewed deadline for the filing of its

responses to the Claimants’ counterclaims set forth in the Claimants’ Answer and a resumption

of the civil forfeiture proceedings against the Defendant Real Property.

19. The Claimants’ breach of the Stipulation and Settlement Agreement shall render

null and void the government’s requirement to perform any of its obligations set forth in

paragraphs 5 through 8, supra.

19. This Stipulation and Settlement Agreement shall be effective as of the last date on

which the Parties sign on the lines provided below.

4
Case 1:23-cv-00228-GTS-CFH Document 19 Filed 06/30/23 Page 5 of 6

28 June

June 30, 2023
Case 1:23-cv-00228-GTS-CFH Document 19 Filed 06/30/23 Page 6 of 6

Executed this Z/~yof dun~ , 2023.
CARLA B. FREEDMAN
United States Attorney, N.D.N.Y.
100 South Clinton Street
Syracuse, New York 13261-7198

~akAO~
E l i th A. Conger
Assistant United States Attorney
Bar Roll No. 520872

Executed this __ day of _ _ _ __, 2023.

Gerald Hackstadt, Claimant

Executed this_ day of _ _ _ _ _ , 2023.

Traci Hackstadt, Claimant

Executed this __ day of _ _ _ _ _ , 2023.

Gregory J. Teresi, Esq.,
Bartlett, Pontiff, Stewart & Rhodes, P.C.
Attorneys for Claimants
One Washington Street
P.O. Box 2168
Glens Falls, New York 12801
Bar Roll No. 513693

SO ORDERED:

Hon. Glenn T. Suddaby
United States District Court Judge

Dated: _ _ _ _ _ _ _ _ , 2023
Syracuse, New York

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