IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES OF AMERICA, *

Plaintiff, *
*
v. *
*
$9,869,283.05 U.S. Currency *
(ZipPayments) *
Defendants. *
* * * * * CIVIL ACTION NO. CCB-08-1954

* *

MOTION FOR FINAL ORDER OF FORFEITURE

The United States of America, by and through undersigned

counsel, hereby moves for entry of an order of forfeiture, and in support

of such motion states the following:

1. The Verified Complaint for Forfeiture of the defendant

property I which, the government submits, sets forth probable cause for

the forfeiture of the defendant property, was filed on or about July 28,

filed by Edward Courdu and by 1 st Technology.

On or about January 29,

2008.

2. On or about July 2, 2008, the Department of Treasury

arrested, or executed process on, the defendant property.

3. As the Verified Complaint sets forth, the property was

seized from various accounts in the name of ZAFTIG Instantly Processed

Payments Corp. dba ZipPayments.com, at Nevada State Bank. Claims were

2009, claimant 1st Technology filed a motion to withdraw its claimi the

Court granted the request on January 30, 2009.

4. On or about January 29, 2009, Edward A. Courdy,

indi vidually and in his capacity as Owner of ZipPayments 1 and the government agreed to disposition of the defendant property. A copy of the settlement agreement is annexed hereto as Exhibit A.

5.

According to the agreement,

the government will

release $200,000 of defendant currency to the claimant, by check made payable to Edward Courdy. The claimant agrees to the forfeiture of the remaining $9,669,283.05 to the government and relinquishes all right, title and interest in the remaining defendant property.

6. On or about August 121 20081 notice of the pendency

of this case was published in The Baltimore Sunt a newspaper of general circulation in Baltimore 1 Maryland. A copy of the advertising certification is attached hereto as Exhibit B. On or about August 12t 2008, notice of the pendency of this case was published in The Las Vegas Review-Journalt a newspaper of general circulation in Las Vegas, Nevada. A copy of the advertising certification is attached hereto as Exhibit C. Beginning on July 311

for thirty (30) consecutive days.

A copy of the certification of

2008, notice of the pendency of this case was posted on an official government internet site (www.forfeiture.gov) pursuant to Rule G of the Supplemental Rules for Admiralty or Maritime and Asset Forfeiture Claims

advertising annexed hereto as Exhibit D.

2

7. No other claimant has come forward within the time

allotted by law for the filing of claims, which is within thirty (30)

days of the date of publication. 18 U,S,C, §983 (a) (4) (A),

WHEREFORE, the United States of America respectfully requests

that

the

Court

enter

judgment

for

the

United

States

of

America under' the terms and conditions of the draft order submitted

herewith for the conv~nience of the Court,

Respectfully submitted,

Rod J. Rosenstein United States Attorney

2/2/2009 Date

s

Richard C. Kay

Assistant United States Attorney 36 S. Charles Street, Fourth floor Baltimore, Maryland 21201 Telephone (410) 209-4800

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on February 2, 2009 I a copy of the

foregoing Motion for Final Order of Forfeiture was mailed first class,

pos tage prepaid to Stanley I. Greenberg, Esquire, 6080 Center Drive,

Suite 800, Los Angeles, California 90045-1574.

s

Richard C. Kay

Assistant united States Attorney

3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Northern Division

UNITED STATES OF AMERICA, Plaintiff,

* *

v.

* * *

$9,869,283.05 in u.S. Currency, * (ZipPayments), *

Civil No. CCB-08-1954

* * * * ZipPayments and Edward Courdy, *

Claimants. *

Defendant,

and

•.. 0000000 .•.

SETTLEMENT AGREEMENT

This Settlement Agreement is made by and between ZipPayments,

Edward Courdy, individually and on behalf of ZipPayments ("the

claimants") t and the United States of America ("the governmenttl):

WHEREAS, the government initiated this civil forfeiture action

by the filing of a Verified Complaint for Forfeiture on or about

July 28, 2008; and

WH~REAS I beginning on July 31, 2008, notice of the pendency of

t.h i a case was posted on an official government internet site

(www.forfeiture.gov) pursuant to Rule G of the Supplemental Rules

for Admiralty or Maritime and Asset Forfeiture Claims for thirty

(30) consecutive days; and on August 12, 2008, notice of the

pendency of this case was published in the Las Vegas Review-

Journal/Las Vegas Sunl a newspaper of general circulation in the Las Vegas areal and in the Baltimore Sunl a newspaper of general circulation in the Baltimore area; and

WHEREAS,

the defendant property was seized from the

ZipPayments accounts and Edward Courdy is the owner of ZipPayments; and

WHEREAS, ZipPayments and EdWard Courdy filed a claim in this case in or about September 2008; and

WHEREAS, 1st TechnologYI LLCI filed a claim in this case on or about September 291 20081 and then withdrew its claim on or about December XXI 2008; and

WHEREAS, no other claimant has come forward within the time prescribed by law; and

WHEREAS, the claimants neither admit nor dispute the g'overnment is assertion that reasonable cause existed for the seizure and forfeiture of the defendant property; and

WHEREAS, the claimants and the government wish to reach a fair and expedited resolution to this forfeiture case;

NOW, THEREFORE, for the foregoing reasons and for good and substantial consideration, the adequacy and receipt of which is hereby acknowledged, the claimants and the government agree as followsl

2

1. The parties agree that a copy of this Agreement shall be submitted to the Court in support of a motion for an order of forfeiture that conforms to the terms of this Agreement.

2. _ The government agrees to release $200,000 of the defendant property to the claimants according to the schedule annexed hereto and incorporated herein by reference. The parties agree that when a copy of this Agreement is provided to the Court, the annexed schedule should not be filed with the Agreement. Any release will be by check made payable to Edward Courdy.

3 . The claimants agree to hereby withdraw their claims as to the remaining seized funds, and agree to forfeit all rights, title, 'and interest in that portion of the defendant property to the government.

4. The claimants agree to indemnify and hold the government -harmless from and against all claims, damages, losses, and action resulting from or arising out of the release of property described in paragraph 2 above, and agree to bear their own costs and attorney's fees.

3

s'.'l'his Ag~aement stat"e~1 th~ enJ::..i.reAv,ye~m~.nt. ~~~ch~dp.:~t;:we\!im th~ parties. hereto.

Ri6h!-tftl Ow K~Y A·s§i'S'ta.nt t).n.iW~ $t.at~$ At;tp:r;1):$-Y A~torn~ fQ~ the t?l9cin:t;.iJ:! ttuited states of Ameri.oa

THE BAL1Th40RE SUN

www.baltimoresun.com

Tuesday August 122008

WE HEREBY CERTIFY, that the annexed advertisement of Order No 589281

U S Dept Of The Treasury 8401 CORPORATE DR #390 LANDOVER, MD 20785

was published In "THE BALTIMORE SUN" a daily newspaper printed and published In the City of Baltimore on Tuesday August 12 2008

The Baltimore Sun Company,

~ . dec rf.pT;;t,)

Subscibed and sworn to before me this

______ dayof 20 __ ,

By __

Notary Public

My commission expires _

7123

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

.... 00000 .....

DECLARATT.ON REGARDING CIRCULATION

If Jennifer Helphenstine, certify that I am the Call Center

, ,

Manager for The Baltimore Sun newspaper, that I am familiar with

the circulation information pertaining to The Baltimore Sun, and that The Baltimore Sun is.a newspaper of general circulation in every county in the state of Maryland, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.

Ai / . t1!P-

AFFP DISTRICT COURT Clark County, Nevada

AFFIDAVIT OF PUBLICATION

STATE OF NEVADA) COUNTY OF CLARK) SS:

STACEY M. LEWIS, being 1st duly sworn, deposes and says: That she is the Legal Clerk for the Las Vegas Review-Journal and the Las Vegas Sun, daily newspapers regularly issued, published and circulated in the City of Las Vegas, County of Clark, State of Nevada, and that the advertisement, a true copy attached for,

IRS CRIMINAL INV - MD

92791131RS

4322897

was continuously published in said Las Vegas Review-Journal and 1 or Las Vegas Sun in 1 edition(s) of said newspaper issued from 08/12/2008 to 08/12/2008, on the following days:

08/12/2008

JANET EILEEN STANEK No'ary Public Slale of Nevada No. 06·'07924.' ~_ Myappt, expo July 28; 2010

I

!

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

UNITED STATES OF AMERICA,

Plaintiff,

) )

I

)

CCB-08-1954

v.

$9,869,283.05 U.S. Currency

Defendant.

DECLARATION OF PUBLICATION

Notice of Civil Forfeiture was posted on an official government internet site (wwwJorfeiture.gov) for at least 30 consecutive days, beginning on July 31, 2008, as required by Rule G(4)(a)(iv)(C) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, as evidenced by Attachment 1.

I declare under penalty of perjury that the foregoing is true and correct. Executed on September 30, 2008 at Baltimore, MD.

Richard C. Kay

AUSA

Attachment 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

COURT CASE NUMBER: CCB-08-1954; NOTICE OF FORFEITURE ACTION

Pursuant to 18 USC 981, the United States filed a verified Complaint for Forfeiture against the following property:

Nevada State Bank Account #572017002 Acct# 572017002 (08-IRS-000570), which was seized from Nevada State Bank on July 02,2008 at 750 West Warm Springs Road, located in Las Vegas, NV

Nevada State Bank Account #572016723 Acct# 572016723 (08-1 RS-000572), which was seized from Nevada State Bank on July 02, 2008 at 750 West Warm Springs Road, located in Las Vegas, NV

Nevada State Bank Account #572016970 Acct# 572016970 (08-IRS-000574), which was seized from Nevada State Bank on July 02, 2008 at 750 West Warm Springs Road, located in Las Vegas, NV

Any person claiming a legal interest in the Defendant Property must file a verified Claim with the court within 60 days from the first day of publication (July 31, 2008) of this Notice on this official government internet web site and an Answer to the complaint or motion under Rule 12 of the Federal Rules of Civil Procedure within 20 days thereafter. Title 18, United States Code, Section 983(h)(1) permits a court to impose a civil fine on anyone asserting an interest in property which the court determines was frivolous.

The verified Claim and Answer must be filed with the Clerk of the Court, 101 W. Lombard Street, Baltimore, MD 21201, and copies of each served upon Assistant United States Attorney Richard C. Kay, 36 S. Charles Street, Fourth Floor, Baltimore, MD 21201, or default and forfeiture will be ordered. See, 18 U.S.C. § 983(a)(4)(A) and Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.

Advertisement Certification Report

The Notice of Publication was available on the www.fcirfeiture.gov web site for at least 18 hours per day

. between July 31, 2008 and August 29, 2008. Below is a summary report that identifies the uptime for each day within the 30-day period and reports the results of the web monitoring system's daily check that verifies that the advertisement was available each day.

U.S. v. $9,869,283.05 U.S. Currency

Court Case No: CC8-08-1954

For Asset 10(5): See Attached Advertisement Copy

I.. l,;onsecl1t1ye .•.•..•.

Calendar.Day.: . Count .•.•....

• uateAqverttsement ••. ·..Jotal_Hoursvveo .~Jte

Appearedol1the • ., was Available during

• ·.WebSite . -: ..••.. .•..... . Calendar Day

venneanon mat

. Advertisement existed on Web Site

1

07/31/2008 23.6

Verified

2

08/01/2008 23.5

Verified

3

08/02/2008 23.6

Verified

4

08/03/2008 23.6

Verified

5

08/04/2008 23.6

Verified

6

08/05/2008 23.6

Verified

7

08/06/2008 23.6

Verified

8

08/07/2008 23.5

Verified

9

08/08/2008 23.6

Verified

10

08/09/2008 23.6

Verified

11

08/10/2008 23.6

Verified

12

08/11/2008 23.6

Verified

13

08/12/2008 23.6

Verified

14

08/13/2008 23.6

Verified

15

08/14/2008 22.5

Verified

16

08/15/2008 22.4

Verified

17

08/16/2008 23.6

Verified

18

08/17/2008 23.6

Verified

19

08/18/2008 23.5

Verified

20

08/19/2008 23.6

Verified

21

22

08/20/2008 23.6

08/21/2008' 23.5

Verified

Verified

23

08/22/2008 22.3

Verified

24

08/23/2008 22.3

Verified

25

08/24/2008 22.4

Verified

26

08/25/2008 22.4

Verified

27

08/26/2008 23.5

Verified

28

08/27/2008 23.6

Verified

29

08/28/2008 23.6

Verified

30

08/29/2008 23.6

Verified

Additional log information is available and kept in the archives for 15 years after the asset has been disposed. For more information, please contact Richard C. Kay in the District of Maryland at (410) 209-4800.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NORTHERN DIVISION

UNITED STATES OF AMERICA, *
Plaintiff, *
*
v. *
*
$9,869,283.05 U.S. Currency *
(ZipPayments) *
Defendants. *
* * * * * * CIVIL ACTION NO. CCB-08-19S4

*

FINAL ORDER OF FORFEITURE

After a review of the Government's Motion for a Final Order of

Forfeiture, and the record, IT IS ORDERED, ADJUDGED, AND DECREED on this

day of February, 2009, that:

1. The united States of America has provided constructive notice

by publication of the pendency of this forfeiture action;

2. The time for the filing of any claim to contest this forfeiture

has expired;

3. Claims were filed by 1 at; Technology and by Edward Courdy f

individually and on behalf of ZipPayments. Since then, 1

s t; Technology has

withdrawn its claim and Edward Courdy and ZipPayments have reached a settlement

agreement with the government.

5.

$200,000

of the seized funds shall be released to

4. The United States of America has shovm that there was

reasonable cause for the seizure of the defendant property under 28 U.S.C. §2465i

the claimant Edward Courdy in accordance with the settlement agreement attached

6. The United states Department of Treasury shall dispose of the

to the government's motion. The remaining $9,669,283.05 of the seized funds is

condemned and all rights, title, and interests of Edward Courdy and ZipPayments,

and any and all other persons is HEREBY FORFEITED to the united states of

America.

defendant property in accordance with law and in accordance with the agreement

annexed to the government's motion.

7. The clerk of the court shall provide copies of this order to

counsel of record.

Catherine c. Blake

united states District Judge