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United States of America v. Jacklyn Still

September 1, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JACKLYN STILL, A/K/A JACKLYN GEBHARDT, DEFENDANT.



The opinion of the court was delivered by: Sue E. Myersc0ugh, U.S. District Judge:

E-FILED

Thursday, 01 September, 2011 06:03:17 PM

Clerk, U.S. District Court, ILCD

OPINION

This cause is before the Court on the Joint Motion for Interlocutory Sale of Property (d/e 55) filed by the United States of America, and Claimants Citizens Equity First Credit Union (CEFCU) and Jeffrey Still, and Defendant, Jacklyn Still, a/k/a Jacklyn Gebhardt. This Court being fully advised finds as follows:

(A) On March 29, 2011, an Information was filed in this Court charging Defendant Jacklyn Still with one count of mail fraud and one count of conducting an unlawful money transaction. The Information also sought the forfeiture of certain assets which were gained from the proceeds of the offenses charged. One such asset is legally described as:

One parcel of real estate, together with all buildings, appurtenances, improvements, fixtures, attachments and easements thereon, and all rights appertaining thereto, located at 101 Adele Court, Jacksonville, Illinois, and legally described as:

Lot Forty-Six (46) in Sandy Creek Farms, Plat No. 1, a subdivision located in a part of the Northeast Quarter (NE 1/4 ) of Section Twenty (20) in Township Fourteen

(14) North and Range Ten (10) West of the Third Principal Meridian, according to the recorded plat thereof, situated in the County of Morgan, State of Illinois; (Parcel #13-20-201-046).*fn1

(B) Defendant entered into a plea agreement in which Defendant pleaded guilty to both charges in the Information. Additionally, Defendant agreed to the entry of a money judgment against her and in favor of the United States in the amount of at least $1,000,000 and to the forfeiture of substitute assets.

(C) The Court entered a Preliminary Order of Forfeiture on April 28, 2011 forfeiting Defendant's interest in several properties, including the Adele Court Property. The Government commenced the required ancillary proceeding to adjudicate any third party claims to the properties. Two parties, Jeffrey Still and CEFCU, filed petitions asserting claims to the Adele Court Property.

(D) CEFCU, Jeffrey Still, Defendant, and the Government (the Parties) have now filed the Joint Motion requesting that the Court enter an Order authorizing the immediate interlocutory sale, pursuant to the terms set forth in the Joint Motion, of the Adele Court Property. The Joint Motion states that the Government:

1. Recognizes CEFCU's mortgage interest in the Adele Court Property; and

2. Will be conducting discovery to determine the credibility of the ownership ...


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