United States District Court, W.D. Washington
ANNETTE L. HAYES UNITED STATES ATTORNEY FRANCIS
FRANZE-NAKAMURA ASSISTANT UNITED STATES ATTORNEY UNITED
STATES ATTORNEY'S OFFICE, CHRISTOPHER KOM THIRD PARTY
STIPULATED SETTLEMENT AGREEMENT
S. LASNIK UNITED STATES DISTRICT JUDGE
STIPULATED between Plaintiff, United States of America, by
and through the undersigned counsel, and pro se
Third Party Petitioner, Christopher Kom, to settle Petitioner
Kom's claim of interest to the following property:
Mossberg pistol-grip shotgun, bearing serial number T469627,
(hereinafter referred to as the "Subject Firearm").
21, 2013, this Court entered a Preliminary Orders of
Forfeiture, Docket No. 164 and 166, in this matter forfeiting
the interest of Defendants Jack Pershing Sexton and Ronald
Claude Kettles in the Subject Firearm pursuant to the
conviction of the Defendants to the offense of Using a
Firearm During and in Relation to a Crime of Violence, as
charged in Counts 4, 6, and 8 of the Superseding Indictment,
in violation of Title 18, United States Code, Sections
924(c)(1)(A)(ii) and (C)(i), and 2, and based upon
the evidence already admitted into the record at trial
supporting the conviction of the Defendants. Docket No. 149.
to Title 21, United States Code, Section 853(n), the United
States published notice on an official government forfeiture
website, currently www.forfeiture.gov for thirty
(30) days beginning June 26, 2013. See Docket No.
210. In the publication the United States published notice of
the Preliminary Order of Forfeiture and the intent of the
United States to dispose of the property in accordance with
law. This notice further stated that any person other than
the defendant having or claiming an interest in the property
was required to file a petition with the Court within sixty
(60) days of the first date of publication, setting forth the
nature of the petitioner's right, title, and interest in
direct notice, Third Party Petitioner Christopher Kom filed a
claim on April 20, 2018 to the Subject Firearm, in which he
asserted his interest in the Subject Firearm, which he
indicated had been stolen. See Docket No. 211.
other person or entity has filed a petition asserting an
interest in the Subject Firearm.
Stipulated Settlement Agreement ("Agreement") is
entered into between the parties pursuant to the following
Agreement is for settlement purposes only and does not
constitute an admission by Petitioner Kom of any knowledge or
involvement of any kind in the events forming the basis for
the Government's allegations of forfeiture.
parties to this Agreement stipulate that Petitioner Kom has
an interest in the Subject Firearm as Petitioner Kom is the
last known owner of the Subject Firearm. Law enforcement
authorities later recovered the stolen Subject Firearm during
the course of the Sexton/Kettles investigation. Therefore,
the United States and Petitioner Kom agree to settle
Petitioner's claim by returning the stolen Subject
Firearm to Petitioner Kom.
Petitioner agrees to release and hold harmless the United
States, the United States Department of Justice, and any and
all agents, servants, and employees of the United States and
its agencies, acting in their individual or official
capacities, from any and all claims by Petitioner and/or his
representatives, agents, heirs, successors, and assigns,
which currently exist or which may arise as a result of the
search and seizure of the Subject Firearm, and/or forfeiture
action involving the Subject Firearm.
Petitioner agrees that this Agreement shall constitute full
settlement and satisfaction of any and all claims by Mr. Kom
to the Subject Firearm resulting from the incidents or
circumstances giving rise to this action.
Petitioner understands and agrees that, by entering into this
Agreement, he waives any right to litigate further any
interest in the Subject Firearm, or any right to ...