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File #: 020647    Version: 0
Type: Resolution-Immediate Adoption Status: Passed
File created: 8/1/2002 In control: COMMON COUNCIL
On agenda: Final action: 8/1/2002
Effective date:    
Title: Resolution approving and authorizing stipulation with United States of America ("USA") concerning delinquent taxes against various parcels the USA seized in federal-forfeiture action. (City Attorney)
Sponsors: THE CHAIR
Indexes: AGREEMENTS, LITIGATION, TAXATION
Attachments: 1. City Atty Cover Letter.pdf, 2. Fiscal Note.pdf, 3. Agreement.PDF
Number
020647
Version
ORIGINAL
Reference
Sponsor
CHAIR
Title
Resolution approving and authorizing stipulation with United States of America ("USA") concerning delinquent taxes against various parcels the USA seized in federal-forfeiture action. (City Attorney)
Analysis
Resolution approves and authorizes stipulation among USA, the City, and U.S. Bank ("Bank") pursuant to which the parties agree: to allow the federal court to grant judgment of forfeiture vesting title to certain property in the USA; that the U.S. Marshal will then sell the property; and that, from the proceeds of sale, the City will get paid first for outstanding taxes, the Marshal will get paid second to cover its expenses, Bank will get paid third with proceeds going to pay-down mortgages it has, and, if there are any remaining proceeds after those payments, those proceeds will go to the USA for its Asset Forfeiture Fund.
Body
Whereas, In February of 2001, the USA sent notice to the City that, in the case of United States v. Julian Lopez, et. al. (Criminal No. 99-CR-209) (the "criminal-forfeiture case"), the U.S. District Court for the Eastern District of Wisconsin ordered the forfeiture of various criminal defendants' interests in certain real estate, including: 727, 810, 810-A, 816, and 830 West Madison Street, and 1226 and 1230-1238 South 8th Street, Milwaukee, and in certain personal property seized from JL Finishing Company, 816 West National Avenue, Milwaukee, the USA gave notice of its intent to dispose of the real and personal property, and the USA gave notice that, any person claiming an interest in the property had to file a petition with the Court; and

Whereas, On February 26, 2001, the City filed with the Court, "City of Milwaukee's Petition: for Remission or Mitigation of Forfeiture; for Recognition of City's Liens; for Payment in Full; and for Hearing to Adjudicate Validity of City's Interest in Property," in which: City asserted its outstanding property...

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