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In re Petition of Henderson

United States District Court, W.D. North Carolina, Asheville Division

February 2, 2017

IN THE MATTER OF Petition of Julie Maybry Henderson
v.
BARRON SLOAN HENDERSON, Defendant UNITED STATES OF AMERICA,

          JILL WESTMORELAND ROSE UNITED STATES ATTORNEY

          James W. Kilboume, Jr., Esq. Attorney for Petitioner Julie Maybry Henderson

          CONSENT ORDER FOR THIRD PARTY PETITION

          THOMAS SELBY ELLIS III UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court by consent of the United States of America, by and through Jill Westmoreland Rose, United States Attorney for the Western District of North Carolina and Petitioner Julie Maybry Henderson, Petitioner Wells Fargo Home Mortgage, Inc., and First Citizen's Bank and Trust Company (collectively referred to as "Petitioners"), through counsel, pursuant to Fed. R. Crim. P. 32.2(c).The United States of America, Petitioner Julie Maybry Henderson, and Petitioner Wells Fargo Home Mortgage, Inc., do hereby stipulate and agree to compromise and settle their interests in the following real property (the "Subject Properties") covered by the Sixth Preliminary Order of Forfeiture by Substitution of Property (Dkt, 193, 250)[1]:

(a)140 Shadow Lane, Lyman, South Carolina, being lots 74 and 75 of the Lettie Henson Estate, 4.9 acres, more or less, as described in a deed at Page 65Z, Page 311, and in a deed at Book 75G, 470, of the Land Registry of Spartanburg County, South Carolina;
(c) Unit 709, Brighton at Kingston Plantation, 8560 Queensway Boulevard, Myrtle Beach, South Carolina, as described in a deed at Page 2739, Page 0293, of the Land Registry of Horry County, South Carolina;
(d) East side of Pine Ridge Road, real property at, Duncan, South Carolina, being 16.52 acres, more or less, as described in a deed at Page 88U, Page 897, of the Land Registry of Spartanburg County, South Carolina.

         The Government and Petitioners advise the Court that they have engaged in discussions about the Subject Property for the purposes of determining whether Petitioners satisfy 21 U.S.C. § 853(n)(6)(B). Through these discussions, the parties have determined the FOLLOWING FACTS for the purpose of this Consent Order:

         1. Barron Sloan Henderson pled guilty in December 2007 to conducting, financing, managing, supervising, and directing an illegal gambling business in violation of 18 U.S. Code Sections 1955 and 2 and conspiracy to commit money laundering in violation of 18 U.S. Code Sections 1956(h). A Consent Order and Judgment of Forfeiture was entered on December 11, 2007. [Doc #40] The Sixth Preliminary Order of Forfeiture by Substitution of Property included the Subject Properties and was filed on January 15, 2010. [Doc #193]

         2. Petitioner Julie Maybry Henderson filed a petition for her interest in the Subject Properties under 21 USC 853(n)(2) on February 8, 2010. [Doc #194] Her Petition has never been adjudicated. Petitioner Julie Maybry Henderson was not involved in the criminal enterprise of the Defendant Barron Sloan Henderson.

         3. Petitioner Wells Fargo Home Mortgage filed a petition for its interest in 140 Shadow Lane under 21 USC 853(n)(2) on July 6, 2010. [Doc #209] Its Petition has never been adjudicated.

         4. First Citizen's Bank and Trust Company has not filed a petition in this matter.

         5. Petitioner Julie Maybry Henderson married the Defendant on December 17, 1988. They have two children, both over the age of 18.

         6. Petitioner Julie Maybry Henderson owns a legal interest in the subject properties by virtue of their initial purchase by Julie Maybry Henderson and ...


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