ORDER DIRECTING THE IRS TO RELEASE THE SEIZED FUNDS TO TRUSTEE

TROY L. NUNLEY, District Judge.

The Court-Appointed Trustee, David D. Flemmer ("Trustee"), having filed a Motion for Order Directing the IRS to Release the Seized Funds to Trustee ("Motion for IRS to Release Funds") (ECF No. 270); the Court having considered the Motion for IRS to Release Funds and the statements of non-opposition by the United States and victims Richard A. Gray, Gray Investment Partners and Cumberland Hill Capital Fund, L.P. (ECF Nos. 284 and 288, respectively); and good cause appearing,

IT IS HEREBY ORDERED THAT:

1. The Motion for IRS to Release Funds is Granted;

2. The IRS is directed to release to Trustee $1,774,472.11 in seized funds currently held in constructive trust on behalf of Elvira Bailey, Richard A. Gray, Gray Investment Partners and Cumberland Hill Capital Fund, L.P. (the "Constructive Trust Funds");

3. Prior to the IRS releasing the Constructive Trust Funds, the Trustee will open a blocked account in which to hold the Constructive Trust Funds and will promptly notify the IRS and the U.S. Attorney's Office concerning the location of that account, as well as if the blocked account is subsequently closed or the funds transferred to another financial institution;

4. The Constructive Trust Funds will not be commingled with any other funds; and

5. The Trustee shall hold the Constructive Trust Funds in the blocked account to be administered according to order of the Court.