Free Settlement Agreement - District Court of Connecticut - Connecticut

Case 3:03-cv—00737—JCH Document 15-3 Filed 01/07/2005 Page 1 of 4
EXHIBIT B
[PROPOSED ORDER]

Case 3:03-cv—00737—JCH Document 15-3 Filed 01/07/2005 Page 2 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA, :
Plaintiff,
v. Civil No. 3:03CV00737(.ICH)
$1,243,440.00 IN UNITED STATES
CURRENCY, FROM ACCOUNT :
NUMBER 943-335-1624, HELD IN :
THE NAME OF THE LAW OFFICE OF :
TIMOTHY C. SPAYNE, LLC, AT :
FLEET BANK, NORWICH, :
CONNECTICUT. :
Defendants.
[CLAIMANTS TIMOTHY C. SPAYNE
and TIMOTHY C. SPAYNE, L.L.C.] :
ORDER
Having reviewed and considered the Govemment’s motion, on consent, for approval of
the Stipulated Agreement settling this forfeiture action and the related civil action, United States
v. Timothy C. Spame, et al., 3:04CV441(.I CH) (the "False Claims Act action"), it is hereby
ORDERED:
1. that the $1,243,440.00 seized in this action and currently held by the U.S. Marshals
Service in the Seized Asset Deposit Fund, shall not be forfeited, but shall be disbursed by the
U.S. Marshals Service as follows: (a). One Million Dollars ($1,000,000.00), plus any accrued
interest, by U.S. Treasury check, made payable to the United States Department of Justice, and
delivered to the U.S. Attomey's Office, District of Connecticut, 157 Church Street, 23"’ Floor,
New Haven, Connecticut 06510, attention: Financial Litigation Unit, Joyce Seraphin. This
$1,000,000.00, plus any accrued interest, will satisfy the Settlement Amount in the False Claims

Case 3:03-cv—00737—JCH Document 15-3 Filed 01/07/2005 Page 3 of 4
Act action; and (b). The remaining Two Hundred Forty-Three Thousand Four Hundred Forty
Dollars ($243,440.00) by U.S. Treasury check, made payable to the IRS, and delivered to the
IRS, JFK Federal Building, P.O. Box 9112, STOP 41225, Boston, MA, 02203, attn: William
Noonan, as a partial advance payment of Timothy C. Spayne's potential tax liability for the tax
years 1999 and 2000. The IRS will apply the $243,440.00 as an advance payment of tax as
follows: $63,294.40 to tax year 1999 and $180,145.60 to tax year 2000.
2. that the Government shall promptly serve a copy of this Order on the U.S. Marshals
Service and on the Claimants.
3. that the U.S. Marshals Service shall make the disbursements ordered in Paragraph l
above, within ten (l0) business days of receiving a copy of this Order.
DATED:

United States District Judge
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Case 3:03-cv—00737—JCH Document 15-3 Filed 01/07/2005 Page 4 of 4
CERTIFICATION OF SERVICE
This is to certify that a true and correct copy ofthe attached proposed Order, was served
by first-class mail, this 7* day of January, 2005, on:
Richard Egbert, Esq.
99 Summer Street
Suite 1800
Boston, MA 02110
_/'I
RICHARD M. MOLOT
ASSISTANT U.S. ATTORNEY
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