United States District Court, W.D. North Carolina, Charlotte Division
P. Hagie Claimant, Michael A. Grace, Esq., Attorney for
WESTMORELAND ROSE UNITED STATES ATTORNEY, Tiffany Mallory
Moore Assistant United States Attorney.
CONSENT ORDER AND JUDGMENT FOR CLAIM OF DAVID P.
Hon. Frank D. Whitney UNITED STATES DISTRICT
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
Claimant David P. Hagie ("Claimant"), through
counsel, pursuant to 18 U.S.C. § 983(d) and Rule G of
the Supplemental Rules for Admiralty or Maritime Claims and
Asset Forfeiture Actions. The Government and Claimant have
consented to this Consent Order for Third Party Claim as a
final adjudication and settlement of all matters with regard
to forfeiture of the property identified in this case.
parties have STIPULATED AND AGREED and the COURT FINDS AS
Government has alleged in its October 17, 2016 Complaint for
Forfeiture In Rem (Doc. 1) that the property
identified in the Complaint, consisting of seized funds,
constitutes or is derived from an illegal money transmitting
business in violation of 18 U.S.C. § 1960. The
Government identified the October 7, 2015 transaction in the
property as a violation of § 1960 and this Court has
authorized the seizure of the property.
Following direct notice, David P. Hagie filed a claim on
November 18, 2016. (Docs. 4 and 5). Claimant Hagie also filed
an Answer to the Complaint on December 9, 2016.
(Doc. 7). In essence, without challenging or agreeing with
the allegations about the offenses that form the basis of the
forfeiture action, Claimant argues that the funds are his
legitimate property and were being transported by his close
associate, Carl Dockery, for his personal use to place a bet
in Las Vegas on Hagie's behalf.
of the last day to file claims, December 19, 2016, no other
party has filed a claim for the funds in which Claimant
asserts an interest.
Government has, after reviewing Claimant's statements
under penalty of perjury and the materials he provided,
determined that the totality of the circumstances in the
instant case warrant a resolution of this matter regarding
the one-time violation of § 1960. Further, as of the
date on which this Consent Order was signed by Government
counsel, Government counsel has not obtained information to
dispute Claimant's claims regarding the offenses set
forth in the Complaint.
entering into this Consent Order, Claimant agrees to, upon
receipt of the Defendant currency, release and forever
discharge his interest in all remaining property in this
case, $7, 850.00. In exchange for release of the interest,
the Government agrees to pay Claimant $149, 150.
payment to Claimant shall be in full settlement and
satisfaction of all claims by Claimant in this action and all
claims against the United States resulting from the incidents
or circumstances giving rise to this action.
Claimant agrees not to pursue against the United States any
rights that it may have on the property in this case.
Claimant agrees to withdraw his claim in the preceding
administrative forfeiture proceeding regarding the Defendant
currency. Claimant agrees to consent to any Government motion
for forfeiture of any and all property in this case, other
than the amount of $149, 150. Claimant understands and agrees
that the United States reserves the right to terminate the
forfeiture action at any time.
Government and Claimant waive any rights to further litigate
between each other in this forfeiture action and agree that
this Consent Order for Third Party Claim of David P. Hagie
shall be in full settlement and satisfaction of all claims
between Claimant and the Government in this forfeiture
this end, Claimant agrees to release and forever discharge
the United States, its agents, servants and employees, its
successors or assigns, and all state or local government
entities or law enforcement agencies in North Carolina and
their agents, servants and employees, 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 he or his heirs, ...