United States District Court, E.D. Michigan
L. LEMISCH Acting United States Attorney LINDA M. AOUATE
(P70693) Assistant United States Attorney ROBERT AMERIGUIAN
Managing Member Adrian Farm Fund, LLC
G. RUBIN (P60867) Counsel for Petitioner
STIPULATION FOR ENTRY OF ORDER SETTLING AND RESOLVING
PETITION FILED BY ADRIAN FARM FUND, LLC
Honorable Robert H. Cleland, Judge.
by and through its counsel, together with Adrian Farm Fund,
LLC, (Petitioner) by and through its attorney, Jorin Rubin,
hereby submit this Stipulation for Entry of an Order Settling
and Resolving the Petition to Adjudicate the Validity of
Interest in Property filed by Petitioner (17-mc-50074; ECF 3)
concerning the following property (hereinafter the
Three Hundred Seven Thousand Five Hundred Eighteen Dollars
and Seventy-Three Cents ($307, 518.73) in U.S. currency in
net proceeds from the sale of, and in lieu of, real property
located at 2850 E. U.S. 223, Adrian, MI, 49221 and 2850 E
U.S. 223, Madison Township, MI, 49221.
October 6, 2016, this Court entered a Preliminary Order of
Forfeiture in Criminal Case No. 13-cr-20453 (ECF 89) ordering
the forfeiture to the United States of all defendant
Benchick's right, title and interest in the Subject
Property. However, the forfeiture order provides that if
defendant Benchick appeals from his conviction on Count One
of the Second Superseding Indictment, the government will
stay the execution of forfeiture as to the Subject Property
to ensure that it remains available pending appellate review.
(13-cr-20453; ECF 89). The forfeiture order further provides,
the stay will not delay the ancillary proceeding or the
determination of a third party's rights or interests. If
the Court rules in favor of any third party while an appeal
is pending, the Court may amend the order of forfeiture but
must not transfer any property interest to a third party
until the decision on appeal becomes final, unless Defendant
consents in writing or on the record.
(13-cr-20453; ECF 89). Defendant Benchick filed an appeal,
which is currently pending before the United States Court of
Appeals, for the Sixth Circuit (Case No. 16-2471, USA v.
John Benchick) (the “Benchick
filed a petition claiming an interest in the Subject Property
in the amount of $115, 000.00. (17-mc-50074; ECF 3).
period for filing an ancillary petition asserting an interest
in the Subject Property has expired and with the exception of
Petitioner and David Slates, no other persons have filed a
undersigned parties recognize the inherent potential risks of
litigation, are aware of their respective rights, and wish to
resolve this matter without further litigation and expense.
Accordingly, the undersigned parties have reached a
settlement regarding the Subject Property.
THEREFORE, the parties, whose signatures appear below, hereby
stipulate and agree, and seek the immediate entry of an Order
These are ancillary proceedings under 21 U.S.C. § 853(n)
stemming from the criminal case of defendant John ...