AMENDED CONSENT ORDER

CLAY D. LAND, Chief District Judge.

The United States and Pro Se Petitioner, Thelma LaTrece Brown, formally known as Thelma LaTrece Norris, have executed and presented to the Court an Amended Stipulated Settlement Agreement and Release of Claims ("Agreement") which is attached hereto and made a part of this Order, in which they agreed that the scheduled payments for the remaining insurance claim funds be reduced. More specifically, Pro Se Petitioner has agreed to release the remaining funds received from the insurance claim in the total amount of $3,109.12. Further, the Parties agreed that Pro Se Petitioner submit monthly payments to the United States Marshals Service in the amount of $50.00, beginning on May 1, 2019, until the unavailable balance of $3,109.12 has been satisfied as stated in the Amended Agreement.

Accordingly, the Court hereby makes the following findings of fact and conclusions of law:

1. This Court has jurisdiction of this matter pursuant to 18 U.S.C. § 3231, and venue is proper pursuant to 18 U.S.C. § 3232 and FED. R. CRIM. P. 18.

2. The United States previously furnished due and legal notice of these proceedings as required by law by causing publication of notice of forfeiture and the intent of the United States to dispose of the insurance claim funds in accordance with the law. In addition, all persons known to the United States to have a possible interest in the insurance claim funds have received actual notice and service of the Amended Preliminary Order of Forfeiture.

3. The United States and Pro Se Petitioner filed a Joint Notice and Statement as to the insurance claim funds, and an Agreement, recognizing Pro Se Petitioner's interest in the insurance claim funds in the total amount of $11,659.12 for the damaged 2008 Cadillac Escalade, VIN# 1GYFK63828R207547, titled in the name of Pro Se Petitioner and the Defendant.

4. The Parties agreed that Pro Se Petitioner shall release the funds received from the insurance claim in the total amount of $11,659.12 to the United States. Further, the Parties agreed that a portion of said funds in the available amount of $4,000.00 would be immediately released by Pro Se Petitioner to the United States Marshals Service, and an additional amount of $2,000.00 on September 1, 2015. In addition, Pro Se Petitioner agreed to submit monthly payments to the United States Marshals Service in the amount of $200.00, beginning on October 1, 2015, until the remaining balance of $5,659.12 has been satisfied as stated in the Agreement.

5. Due to financial difficulty, Pro Se Petitioner made a request to the Government for a reduced payment schedule. Beginning on May 1, 2019, Pro Se Petitioner agrees to make monthly payments to the United States Marshals Service in the amount of $50.00, until the unavailable balance of the insurance claim funds received of $3,109.12 has been satisfied in full.

THEREFORE, IT IS HEREBY ORDERED THAT:

1. Beginning on September 1, 2019, Pro Se Petitioner shall submit monthly payments to the United States Marshals Service in the amount of $50.00, until the unavailable balance of the insurance claim funds received of $3,109.12 has been satisfied as stated in the Amended Agreement, made by cashier's check payable to: "United States Marshals Service, Attention: Asset Forfeiture Unit, 400 N. Miami Avenue, Miami, Florida, 33128".

2. Pursuant to 28 U.S.C. § 2465, no parties shall be entitled to attorney's fees, including any costs under 28 U.S.C. § 2412, nor shall the person or persons who made the seizure of the insurance claim funds, nor any attorney, agent, or employee of the United States, be liable to suit or judgment on account of the seizure of the insurance claim funds or prosecution of the instant forfeiture action, there being reasonable cause shown for the seizure.

SO ORDERED.

AMENDED STIPULATED SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS

This Amended Stipulated Settlement Agreement and Release of Claims (hereinafter "Agreement") is made and entered into between Plaintiff, the United States of America, and Pro Se Petitioner, Thelma LaTrece Brown, formally known as Thelma LaTrece Norris ("Pro Se Petitioner") (collectively, "the Parties"), to compromise and settle Pro Se Petitioner's interest in the funds received from the insurance claim of the damaged 2008 Cadillac Escalade, VIN# 1GYFK63828R207547, in the amount of $11,659.12 (hereinafter referred to as the "insurance claim funds").

This Agreement is entered into between the United States and Pro Se Petitioner pursuant to the following stipulations and terms:

1. On February 11, 2015, the United States of America charged an Information [Doc. 2] against the Defendant, James Edward Norris (hereinafter referred to as the "Defendant"). Count One of the Information charged that the Defendant, did knowingly combine, conspire, confederate, and agree with Seneca Hampton and Public Officials B and C, to commit an offense against the United States, to wit: being public officials, directly and indirectly, corruptly did demand, seek, receive, accept, and agree to receive and accept anything of value personally and for any other person and entity, with the intent to be influenced in the performance of an official act and to be influenced to commit and aid in committing, and to collude in, and allow, a fraud, and make opportunity for the commission of a fraud, on the United States, and to be induced to do or omit to do any act in violation of their official duties; that is, Defendant, Hampton, and Public Officials B and C solicited and received United States currency, in exchange for permitting local Afghan National truck drivers to take fuel from Forwarding Operating Base ("FOB") Gardez without authorization and to fail to download fuel designated for FOB Gardez, resulting in fuel losses to the United States government: all in violation of Title 18, United States Code, Section 371, in connection with Title 18, United States Code, Sections 201(b)(2)(A), (B), and (C), and pursuant to the extraterritorial venue provision, Title 18, United States Code, Section 3238. Count Two of the Information charged that the Defendant did, knowingly engage and attempt to engage in a monetary transaction by through or to a financial institution, affecting interstate or foreign commerce, in criminally derived property of a value greater than $10.000, that is the transfer of $31,879 of U.S. currency to a commercial car dealership for the purchase of a vehicle, such property having been derived from a specified unlawful activity, that is, bribery of a public official; all in violation of Title 18, United States Code, Sections 1957 and 2. Id.

2. The Information included two notices of forfeiture. Forfeiture A notified Defendant that upon conviction of Conspiracy to Commit Bribery, in violation of Title 18, United States Code, Section 371, set forth in Count One, he would be required to forfeit to the United States pursuant to Title 18, United States Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), any property, real or personal, which constitutes or is derived from proceeds traceable to the offense(s), including but not limited to: a 2014 Hardcore Chopper Lifer 300, VIN# 1H9HL2129EL444241, purchased entirely with proceeds of the offense in Count One, and a forfeiture money judgment in the amount of $39,000 (the sum of money equal to the minimum amount of money received by the defendant traceable to the bribery scheme as charged in Count One, less the amount of money the Defendant spent on the vehicle referenced in Forfeiture A and the vehicle referenced in Forfeiture B.) Id pgs. 5-6. Forfeiture B notified the Defendant that upon conviction of Money Laundering, in violation of Title 18, United States Code, Section 1957, set forth in Count Two, he would be required to forfeit to the United States pursuant to Title 18, United States Code, Section 982(a)(1), any property, real or personal, involved in such offense(s), and any property traceable to such property, including but not limited to: a 2008 Cadillac Escalade, VIN# 1GYFK63828R207547. Id. pg. 6.

3. On February 11, 2015, the Defendant entered into a Plea Agreement [Doc. 4] with the United States in which he agreed to plead guilty to Counts One and Two of the Information charging him with Conspiracy to Commit Bribery, in violation of Title 18, United States Code, Section 371, and Money Laundering, in violation of Title 18, United States Code, Section 1957. In his Plea Agreement, the Defendant consented to the entry of a personal money judgment in the amount of $39,000, and the forfeiture of the following property to the United States: 2014 Hardcore Chopper Lifer 300, VIN# 1H9HL2129EL444241, and 2008 Cadillac Escalade, VIN# 1GYFK63828R207547. Id. pgs. 11-13. Additionally, the Defendant agreed to relinquish the vehicles to the United States Marshals Service on the date of sentencing. Id. pg. 12.

4. As a result of the Defendant's plea of guilty to Counts One and Two of the Information, and his agreement to a personal money judgment and the forfeiture of the 2014 Hardcore Chopper Lifer 300, VIN# 1H9HL2129EL444241, and 2008 Cadillac Escalade, VIN# 1GYFK63828R207547, specified in the Forfeiture Notice, to be relinquished at sentencing, the Court entered a Preliminary Order of Forfeiture [Doc. 11] on March 4, 2015, forfeiting all right, title, and interest of the Defendant in the subject property.

5. Prior to sentencing, the Government was informed that the 2008 Cadillac Escalade, VIN# 1GYFK63828R207547, titled in the name of Pro Se Petitioner and the Defendant, had been involved in an automobile accident on March 28, 2015, and sustained a significant amount of damage. Additional information provided to the Government by Pro Se Petitioner revealed that she had submitted an insurance claim for the damage of the 2008 Cadillac Escalade and received a settlement of $11,659.12 via electronic deposit. Pro Se Petitioner also informed the Government that upon receipt of the funds from the insurance claim, she used a portion of the funds to submit payments in the amount of $5,659.12 to satisfy certain personal debts, and used $2,000.00 for moving expenses, leaving a balance of $4,000.00.

6. On June 24, 2015, the Government filed a Motion and Memorandum for the Issuance of an Amended Preliminary Order of Forfeiture [Doc. 26] requesting that the total amount of the personal money judgment entered against the Defendant be increased to $58,340.88, representing the minimum proceeds that the Defendant personally received, less $30,000.00 in proceeds that the Defendant paid for the 2014 Hardcore Chopper, and less $11,659.12 in insurance claim funds received by Pro Se Petitioner for the 2008 Cadillac Escalade. In addition, the Government sought the forfeiture of the insurance claim funds in lieu of the damaged Cadillac Escalade. Id.

7. All persons known to the United States to have a possible interest in the insurance claim funds have received actual notice and service of the Amended Preliminary Order of Forfeiture. The United States also published notice of this forfeiture and the intent of the United States to dispose of the insurance claim funds, in accordance with the law, which notified all third parties of their right to petition the Court within thirty (30) says for a hearing to adjudicate the validity of their alleged legal interest in the insurance claim funds. A Declaration of Publication [Doc. 28] was filed herein on August 5, 2015, specifying the details of this publication.

8. On August 13, 2015, the United States and Pro Se Petitioner filed a Joint Notice and Statement [Doc. 29] as to her interest in the insurance claim funds included in the Amended Preliminary Order of Forfeiture [Doc. 27].

9. No other persons or entities filed third-party petitions asserting claims or interests in any portion of the insurance claim funds.

10. In accordance with the Parties' previously filed statement, Pro Se Petitioner agreed to immediately release $4,000.00 of the insurance claim funds to the United States Marshals Service, submit an additional amount of $2,000.00 on September 1, 2015, to the United States Marshals Service, which represents the unavailable funds of the insurance claim used for moving expenses, and continue making monthly payments to the United States Marshals Service in the amount of $200.00 beginning on October 1, 2015, until the unavailable balance of the insurance claim funds received of $5,659.12 has been satisfied in full.

11. Due to financial difficulty, Pro Se Petitioner has not been able to make the scheduled payments, and has requested a reduced payment schedule. The remaining balance of the insurance claim funds is currently $3,109.12.

12. Beginning on September 1, 2019, Pro Se Petitioner agrees to make monthly payments to the United States Marshals Service in the amount of $50.00, until the unavailable balance of the insurance claim funds received of $3,109.12 has been satisfied in full.

13. Pro Se Petitioner understands and agrees that by entering into this Amended Agreement of her interest in the insurance claim funds, she waives any rights to litigate further her interest in the insurance claim funds and to petition for remission or mitigation of the forfeiture, and waives any further right or entitlement to challenge any order of forfeiture or other disposition of this case on appeal or otherwise.

14. Pro Se Petitioner expressly agrees to hold harmless, release, and forever discharge the United States, its officers, agents, attorneys, servants, and employees, from any and all actions, causes of actions, suits, proceedings, debts, dues, contracts. judgments, damages, claims, or demands whatsoever in law or equity which Pro Se Petitioner, her successors, or assigns, ever had, now have, or may have, whether known or unknown, arising from and in connection with the seizure and forfeiture of the insurance claim funds.

15. This Amended Agreement shall not affect any federal income tax liability of Pro Se Petitioner which may arise.

16. Pro Se Petitioner agrees to waive all attorney's fees and costs under 28 U.S.C. § 2465 and 28 U.S.C. § 2412, with regard to the insurance claim funds.

17. In making this Amended Agreement, no party relies on any statement or representation, oral or otherwise, made by an opposing party which contradicts the terms of this Amended Agreement. The terms of this stipulation are contractual and are binding upon and inure to the benefit of the parties to the stipulation and to their heirs, assignees, successors, and representatives.

THEREFORE, for the foregoing reasons, the Parties jointly and respectfully request the Court to enter a consent order with regard to the insurance claim funds and Amended Agreement made between the Parties.

AGREED TO AND STIPULATED this August 20, 2019.

I. Thelma LaTrece Brown, Pro Se Petitioner, have entered into this Amended Agreement freely and voluntarily, without coercion, duress or undue influence. I have reviewed this Agreement, and I fully understand it and agree to its terms.

I certify that the executed document contains the signatures of all filers indicated herein and therefore represents consent for filing of this document.