Free Motion for Settlement - District Court of Connecticut - Connecticut

Case 3:03-cv-00737-JCH Document 14 Filed O1/07/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
UNITED STATES OF AMERICA, :
Plaintiff,
v. Civil No. 3:03CV00737(JCH)
$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. January 7, 2005
[CLAIMANTS TIMOTHY C. SPAYNE
and TIMOTHY C. SPAYNE, L.L.C.] :
MOTION ON CONSENT TO APPROVE STIPULATED AGREEMENT I
NOW COMES plaintiff, the United States of America, with the consent of the claimants,
and files this motion to approve the parties Stipulated Agreement in this forfeiture action. In
support of this motion, the United States respectfully submits the following:
1. On or about February 27, 2003, in the case of United States v. Timothy C. Spayne,
Case No. 3:00CR5 l(CFD), a federal grand jury in this district returned a 29 count indictment
against Timothy C. Spayne ("Spayne"), charging him with billing fraud and tax fraud.
2. On the same day as the indictment, February 27, 2003, the United States also filed an
affidavit and application for a civil seizure warrant, asking the Court to seize and restrain the
defendants Q ren; pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C) and 18 U.S.C. § 98l(b). The
Court issued the seizure warrant on February 27, 2003, and the account was seized and restrained
on that same day.

Case 3:03-cv-00737-JCH Document 14 Filed O1/07/2005 Page 2 of 4
3. On April 25, 2003, the United States tiled the verified complaint Q g in the instant
civil forfeiture action.
4. Thereafter, the United States tiled, on consent, a motion to stay this civil forfeiture
case pending the conclusion of the related criminal case. The Couit granted the stay motion on
or about July 31, 2003.
5. On March 15, 2004, the United States filed a False Claims Act action, United States v.
Timothy C. Spayne, et al., 3:04CV441 (J CH) (the "False Claims Act action").
6. Because of Spayne’s medical condition, the criminal case referenced above is
currently on hold.
7. The parties have now agreed to resolve both this forfeiture action and the related False
Claims Act action.
8. Filed concurrently with this motion is the parties’ Stipulated Agreement, signed by all
paities, resolving this forfeiture action. Attached as Exhibit A to the Stipulated Agreement is the
Settlement Agreement in the False Claims Act action, also signed by all paities, resolving the
False Claims Act action. Attached as Exhibit B to the Stipulated Agreement, is a proposed
Order, which directs the U.S. Marshals to disburse the funds seized in this action according to the
parties’ agreements.
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Case 3:03-cv-00737-JCH Document 14 Filed O1/07/2005 Page 3 of 4
WHEREFORE, the United States, with the consent of the claimants, respectfully requests
that the Court enter the proposed order filed herewith.
Respectfully submitted,
KEVIN J. O’CONNOR
UNITED STATES ATTORNEY
RICHARD M. MOLOT
ASSISTANT U.S. ATTORNEY
Federal Bar No. CT2 l 676
l57 Church Street
New Haven, Connecticut 06510
(203) 821-3792
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Case 3:03-cv-00737-JCH Document 14 Filed O1/07/2005 Page 4 of 4
CERTIFICATION OF SERVICE
This is to certify that a true and correct copy of the Motion On Consent to Approve
Stipulated Agreement, was served by tirst—c1ass mail, this 7“‘ day of January, 2005, on:
Richard Egbert, Esq.
99 Summer Street
Suite 1800
Boston, MA 02110
/'/4/V J/7 .· __
{/L`;
RICHARD M. MOLOT
ASSISTANT U.S. ATTORNEY
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