Free Motion for Miscellaneous Relief - District Court of Connecticut - Connecticut

Case 3:02-cr-00230-SRU

Document 86

Filed 11/10/2005

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, v. DEBORAH KERPEN a/k/a DEB KERPEN, a/k/a DEBBIE KERPEN : : : : : : :

Criminal No. 3:02cr230 (SRU)

November 9, 2005

MOTION TO SUPPLEMENT FINAL ORDER OF FORFEITURE On November 8, 2004, the Court entered a final order of forfeiture in the above-captioned criminal case for the Defendant Deborah Kerpen's real property listed below. (See Exhibit A). a. 135 Warner Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures and attachments thereon; 131 Warner Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures and attachments thereon; 103 Warner Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures and attachments thereon; 121 Warner Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures and attachments thereon; 80 Half Mile Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures, and attachments thereon.

b.

c.

d.

e.

During the pendency of the criminal case, a state foreclosure action was removed to United States District Court captioned, Webster Bank v. Deborah Kerpen, Civil Number 3:01cv01959 (SRU). The parties agreed to allow the foreclosure to continue before the criminal case was resolved. On May 22, 2003, a Judgment of Foreclosure By Sale was entered by this Court with respect to the real property located at:

Case 3:02-cr-00230-SRU

Document 86

Filed 11/10/2005

Page 2 of 3

a.

131 Warner Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures and attachments thereon; 135 Warner Road, East Haven, Connecticut, with all improvements, appurtenances, fixtures and attachments thereon. (See Exhibit B).

b.

After Webster Bank's mortgage interests were satisfied, the remaining monies were placed in the Custom's Suspense Account pending the resolution of the criminal case. As the real property located at 131 and 135 Warner Road was reduced to monies placed on deposit with Custom's Suspense Account, after recognizing Webster Bank's priority mortgage interest in the real property, the United States respectfully requests that the Court enter an Amended Order of Forfeiture recognizing that these above-referenced properties were sold and reduced to monies on deposit. Further, the United States requests that the Court order the monies on deposit be forfeited to the United States to be disposed of according to law. A proposed Supplemental Final Order of Forfeiture is submitted herewith for the Court's consideration and convenience. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY P.O. BOX 1824 NEW HAVEN, CT 06508 (203) 821-3700 FEDERAL BAR # ct03793

2

Case 3:02-cr-00230-SRU

Document 86

Filed 11/10/2005

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that the within and foregoing Motion for Decree of Forfeiture has been mailed, postage pre-paid, this 9th day of November, 2005 to: Thomas J. Welch, Esq. Winnick, Vine, Welch & Teodosio, LLC 375 Bridgeport Avenue Shelton, CT 06484 William M. Bloss, Esq. Koskoff, Koskoff & Bieder 350 Fairfield Avenue Bridgeport, CT 06604

_____________________________ DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY

3