Memorandum & Order — United States v. Richard Scott Myers, et al. (Southern District of Illinois, Document 59)

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Memorandum and order in United States v. Richard Scott Myers, et al., Case No. 24-cr-30153-DWD, in the United States District Court for the Southern District of Illinois, Document 59, filed August 6, 2025. The Court grants the Stipulated Motion for Interlocutory Sale of Real Property (Doc. 56), a joint request of the United States and Defendant Richard Scott Myers concerning real property in Worden, Illinois. The order states that the prospective buyer must be approved by the United States and that the United States must approve in writing all terms of any sale, including the sale price. It sets the order in which sale proceeds are disbursed, beginning with costs of sale, and states that the net proceeds will be deposited and retained by the United States Marshal's Service pending further order.

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Case 3:24-cr-30153-DWD        Document 59      Filed 08/06/25    Page 1 of 4     Page ID #164




                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE SOUTHERN DISTRICT OF ILLINOIS

  UNITED STATES OF AMERICA,                    )
                                               )
         Plaintiff,                            )
                                               )
  vs.                                          )    Case No. 24-cr-30153-DWD
                                               )
  RICHARD SCOTT MYERS, et al.,                 )
                                               )
         Defendants.                           )

                                MEMORANDUM & ORDER

 DUGAN, District Judge:

        This matter is before the Court on the Joint Motion filed by the United States of

 America and Defendant Richard Scott Myers seeking an Order authorizing the

 immediate interlocutory sale of real property located at 6 North Shore Drive, Worden,

 Illinois, which is legally described as:

        Parcel 1: Lot 41 in Wildewood Cove, a subdivision of part of Sections 34 and
        35, in Township 6 North, Range 7 West of the Third Principal Meridian, as
        shown on the plat thereof recorded in Plat Cabinet 60 Page 118, (except that
        part conveyed to Jerry Trober and Linda Trober by Warranty Deed
        recorded August 12, 2002 in Book 4508 Page 1286, described as follows: Part
        of Lot 41 in Wildewood Cove, a subdivision of part of the Northeast Quarter
        of Section 34 and part of the Northwest Quarter of Section 35, Township 6
        North, Range 7 West of the Third Principal Meridian, Village of Worden,
        Madison County, Illinois as recorded in Plat Cabinet 60 Page 118, part of
        Lot 41 being more particularly described as follows: Beginning at the most
        Northerly corner of Lot 41, said corner being the most Western corner
        common to Lot 41 and Lot 42; thence South 62 degrees 08 minutes 31
        seconds East, along the Northeasterly line of said Lot 41, a distance of 108.44
        feet to a point on elevation 550 (normal pool elevation of lake); thence
        Southwesterly along said elevation 550 to a point being South 36 degrees 29
        minutes 36 seconds West, 20.51 feet from the last stated point; thence North
        51 degrees 15 minutes 00 seconds West, a distance of 107.30 feet to the point
Case 3:24-cr-30153-DWD        Document 59       Filed 08/06/25     Page 2 of 4     Page ID #165




        of beginning, containing 0.025 acres, more or less), in Madison County,
        Illinois,

        Parcel 2: Part of Lot 40 in Wildewood Cove, a subdivision of part of the
        Northeast Quarter of Section 34, and part of the Northwest Quarter of
        Section 35, Township 6 North, Range 7 West of the Third Principal
        Meridian, Village of Worden, Madison County, Illinois as recorded in Plat
        Cabinet 60 Page 118, part of Lot 40 being more particularly described as
        follows: Beginning at the most Easterly corner of Lot 40, said corner being
        the most Northerly corner common to Lot 40 and 41 of said Wildewood
        Cove; thence South 37 degrees 02 minutes 00 seconds West, along the
        Easterly line of said Lot 40, a distance of 106.15 feet to a point on elevation
        550 (normal pool elevation of lake); thence Northwesterly along said
        elevation 550 to a point being North 81 degrees 18 minutes 10 seconds West,
        45.47 feet from last stated point; thence North 44 degrees 26 minutes 04
        seconds East, a distance of 134.31 feet to a point on the Northeasterly line
        of said Lot 40, said point being the beginning of a 50.00 foot radius non
        tangent curve to the left whose center bears North 64 degrees 03 minutes 25
        seconds East; thence Southwesterly, along said Northeasterly line of Lot 40
        and along said curve, through a central angle of 27 degrees 01 minutes 25
        seconds, for an arc distance of 23.58 feet to the point of beginning,
        containing 0.8 acres, more or less, in Madison County, Illinois. Parcel
        Identification No. 12-2-04-34-12-201-024.


        Pursuant to Fed. R. Crim. P. 32.2(b)(7) and Supplemental Rule G(7) of the Federal

 Rules of Civil Procedure, the Court has authority to approve the interlocutory sale of real

 property that is subject to forfeiture upon finding, amount other things, that property is

 subject to a mortgage or to taxes on which the owner is in default, or for other good cause.

 See Supplemental Rule G(7)(b)(i). The Court must approve the aspects and procedures of

 an agreed interlocutory sale. See Supplemental Rule G(7)(b)(ii). Sale proceeds from an

 interlocutory sale of real property “are a substitute res subject to forfeiture in place of the

 property that was sold.” Supplemental Rule (G)(b)(iv).

        In light of the foregoing authority and the representations made by the parties in


                                               2
Case 3:24-cr-30153-DWD       Document 59      Filed 08/06/25    Page 3 of 4     Page ID #166




 their stipulated motion, the Court finds that good cause exists for an order approving the

 agreed interlocutory sale of 6 North Shore Drive, Worden, Illinois property.

 Accordingly,

        IT IS HEREBY ORDERED that the Stipulated Motion for Interlocutory Sale of
 Real Property (Doc. 56) is granted.

        IT IS FURTHER ORDERED that the 6 North Shore Drive, Worden, Illinois
 property may be sold according to the agreed provisions in the Stipulated Motion,
 including, without limitation, the following:

           a) The prospective buyer must be approved by the United States before the 6
              North Shore Drive, Worden, Illinois property may be sold, and the United
              States, at its sole discretion, must be satisfied that any proposed transaction
              involving purchase of the 6 North Shore Drive, Worden, Illinois property is
              an arms-length transaction.
           b) The United States must be consulted and approve, in writing, all terms and
              conditions of any proposed sale of the 6 North Shore Drive, Worden, Illinois
           c) property, including the proposed sale price and all distribution of sale
              proceeds.

        IT IS FURTHER ORDERED that the proceeds from the sale of the 6 North Shore
 Drive, Worden, Illinois property shall be disbursed in the following priority and order:

           a) All costs of sale, including closing costs, title insurance, recording fees,
              escrow fees, and sales commissions associated with the sale of the 6 North
              Shore Drive, Worden, Illinois property to be paid at the time of closing; and
           b) Any unpaid real property taxes, fees (including HOA fees), interest, and
              penalties accruing on the 6 North Shore Drive, Worden, Illinois property
              due and owing to any municipal, county, or state authority.




                                              3
Case 3:24-cr-30153-DWD      Document 59       Filed 08/06/25    Page 4 of 4     Page ID #167




       IT IS FURTHER ORDERED that, pursuant to Supplemental Rule G(7)(b)(iv), the
       sale proceeds from the sale of the 6 North Shore Drive, Worden, Illinois property
       shall be substitute res and subject to forfeiture in place of the 6 North Shore Drive,
       Worden, Illinois property that is sold, and that the United States Marshal’s Service
       will deposit and retain the net proceeds pending further order of this court.

       SO ORDERED.

       Dated: August 6, 2025
                                                         s/David W. Dugan
                                                         DAVID W. DUGAN
                                                         United States District Judge




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