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United States v. Tjosaas

United States District Court, D. Minnesota

September 11, 2017

United States of America, Plaintiff,
v.
Kirsten Ann Tjosaas, Defendant.

          ORDER

          DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE

         WHEREAS, on August 8, 2016, this Court issued an Order of Forfeiture (Doc. No. 23) ordering Defendant Kirsten Ann Tjosaas to pay a money judgment forfeiture of $5, 773, 410, and ordering the Defendant to forfeit certain enumerated property to the United States;

         WHEREAS, on March 8, 2017, this Court entered a Second Preliminary Order of Forfeiture (Doc. No. 48), forfeiting additional properties to the United States;

         WHEREAS, the Plaintiff posted Notices of Criminal Forfeiture for a least 30 consecutive days on an official government internet site (www.forfeiture.gov), beginning on March 11, 2017 and April 17, 2017, providing notice of the government's intention to dispose of the property in accordance with law, and of the right of third parties to petition the Court within 60 days of the first date of posting for a hearing to adjudicate the validity of their alleged legal interest in the above-described property;

         WHEREAS, the United States sent direct notice of forfeiture to all known interested third parties of their right to petition the court of their interest in the above forfeited property, including the following:

a. Jeffry Tjosaas, individually, and as Trustee of the Trust Agreement of Kirsten A. Tjosaas, dated February 18, 2010;
b. Granite Falls Bank;
c. Mortgage and Electronic Registration Systems (MERS);
d. CitiBank; and
e. David and Suzanne Tjosaas;

         WHEREAS, the United States has entered into settlement agreements resolving the claims of third-parties to the properties at issue in this motion;

         IT IS HEREBY ORDERED that:

         1. The Motion of the United States for a Final Order of Forfeiture (Doc. No. [60]) is GRANTED;

         2. All right, title and interest in the following property is hereby forfeited to and vested in the United States of America pursuant to 18 U.S.C. § 981(a)(1)(C), in conjunction with 28 U.S.C. § 2461(c):

a. The real property located at 4934 Triton Court West, Cape Coral, Florida, together with its buildings, improvements appurtenances, fixtures and attachments and legally described as follows:
Lots 39 and 40, Block 94, Unit 2, Part 3, Cape Coral Subdivision, according to the Plat Thereof, As Recorded in Plat Book 11, Pages 37 through 41, Inclusive, Of The ...

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