Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Blake

United States District Court, N.D. New York

June 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
NANCY C. BLAKE, Defendant.

          RICHARD S. HARTUNIAN United States Attorney

          Michael D. Gadarian Assistant United States Attorney

          STIPULATED JUDGMENT

          Frederick J. Scullin, Jr. Senior U.S. Distict Judge

         WHEREAS:

         A. The United States has filed a Complaint alleging that Nancy C. Blake owes the United States civil penalties of up to $300, 000.00 for violations of the Controlled Substances Act, 21 U.S.C. § 801 et seq.; and

         B. The parties have entered into a written Stipulation for Compromise Settlement, which is incorporated herein by reference.

         THEREFORE, the United States and Blake agree as follows:

         1. Defendant consents to this Stipulated Judgment in the United States District Court for the Northern District of New York in favor of the United States upon the terms stated here.

         2. Upon execution by Defendant of this Stipulated Judgment, Defendant will pay the United States, in full and complete settlement of the United States' claims for matters alleged in the Complaint, the amount of $50, 000.00 as follows: $50.00 per month starting on July 1, 2017 and continuing for so long as Defendant's financial circumstances do not materially improve as compared to those circumstances reflected in a Financial Statement of Individual Debtor provided by Defendant to the United States Attorney's Office for the Northern District of New York on or about April 30, 2017. Defendant acknowledges that the United States' agreement to the payment terms set forth in the Stipulation for Compromise Settlement (including payment over time) was made in reliance upon Defendant's representations (including Defendant's Financial Statement of Individual Debtor).

         3. Defendant agrees to submit financial disclosure forms, in the format provided by the United States Attorney's Office for the Northern District of New York, on at least a semiannual basis (in January and July of each year, starting in January 2018) until the obligation is paid in full. The United States Attorney's Office for the Northern District of New York may, in its sole and exclusive discretion, require Defendant to increase the monthly payment if and as her financial condition improves and/or may impose interest on any unpaid obligation until the entire obligation has been paid. Defendant agrees to make any increased monthly payment and agrees to any interest rate increase that results in a total interest rate of equal to or less than the 9% interest rate set forth within the New York Civil Practice Law and Rules. The United States will notify Defendant in writing of any change in the required monthly payment and/or interest rate, which change shall not take effect until the third month after such notification is sent.

         4. The United States will record this Stipulated Judgment as a lien against real property with a common street address of 7744 Sotherden Drive, Liverpool, New York, jointly owned by Defendant and Paul Bleiweiss.

         5. Provided Defendant remains current on her payment obligations as set forth in Paragraph 2 of this Stipulated Judgment and the Stipulation for Compromise Settlement, including but not limited to making any increased payments that may be required in light of a change in Defendant's financial circumstances, the United States will not take any action to enforce this Stipulated Judgment other than as set forth herein in Paragraph 4 and in the Stipulation for Compromise Settlement.

         6. Defendant shall be deemed in default of the Stipulation for Compromise Settlement and this Stipulated Judgment if she is late with a payment due hereunder (i.e. it is received after the first business day of each month) and that payment is not received within a five (5) day grace period.

         7. Upon default, the United States may exercise at its sole discretion one or more of the following rights as applicable: (a) declare the Stipulation for Compromise Settlement breached and proceed against Defendant for any claims, including those to be released by the Stipulation for Compromise Settlement; (b) take any action to execute and collect on this Stipulated Judgment against Defendant; (c) file an action for specific performance of the Stipulation for Compromise Settlement; or (d) exercise any other right ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.