7OO JUL -1 A O oq

)EERA P. HACKETT. U

U.S. DISTRICT CO1JFIJ

MIDDLE DISTRICT ALA

Case No. 2:06CR000202

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UNITED STATES OF AMERICA,

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Plaintiff

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--vs- *

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EUGENE L. CLECKLER, *

Defendant *

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MOTION TO SUSPEND EXECUTION OF FORFEITURE

Comes now the Defendant, Eugene L. Cleckler, pro se, and respectfully

moves this Court to enter an Order suspending execution of forftLture by the

United States in this case. Specifically, Mr. Cleckler asks the Court to hold

in abeyance the "execution and sale of your property" scheduled for "July 31,

2008," referenced in the attached letter from the Office of the U.S. Attorney,

due to the following:

1. The Judgment and Committment Order entered by the Court in this case

directs Mr. Cleckler to pay restitution in the amount of $317,901.21. Id.

2. Following the entry of this judgment, Mr. Cleckler's former attorney -

Mr. Ronald R. Brunson - notified the U.S. Attorney's Office that Mr. Cleckler was

trying to sell a piece of property for $2,000,000.00 in order to satisfy the judgment. As a result, the U.S. Attorney's Office did not execute forfeiture.

Case 2:06-cr-00202-WKW-CSC Document 124 Filed 07/07/2008 Page 1 of 3
3. In May of 2008, the United States sent a letter to former counsel

Brunson inquiring as to when Mr. Cleckler would be selling the property. Mr.

Brunson subsequently forwarded the letter to Mr. Cleckler at LSCI Butner, North

Carolina.

4. On May 28, 2008, Mr. Cleckler wrote directly to the U.S. Attorney's

Office advising them that he had yet to sell his property due to the recent decline

in the real estate market. Additionally, Mr. Cleckler made the United States aware

that he had recently filed a collateral attack on his conviction, therefore, it

was premature for the government to attempt to enforce a judgment that could very

likely be set aside. As such, Mr. Cleckler asked the United States to refrain from

executing the judgment until his § 2255 was determined. Alternatively, Mr. Cleckler

requested a period of up to six (6) months to sell his property in order to obtain

its fair market value.

5. On June 24, 2008, Ms. Antrena B. Gardner, Financial Litigation Project

Manager for the U.S. Attorney's Office, sent Mr. Cleckler a letter advising him

that "[w]e have suspended execution and sale of your property until July 31, 2008."

[Page 1 of attached letter]. In other words, the government has given Mr. Cleckler

until July 31, 2008 in which to pay a forfeiture that may very well not be valid.

6. Critically, Mr. Cleckler does not have any objection to satisfying the

judgment if it is ultimately ruled to be valid. However, it is unfair and highly

prejudicial to Mr. Cleckler to allow the government to sell his property at this

time, simply because such a sale will no doubt result in a price far below the

fair market value. In other words, such a forced sale would result in punishing

Mr. Cleckler twice for the same conduct, once for the forfeiture and again for the

loss of equity that he would receive from such a sale. On the other hand, the

government cannot claim any prejudice from holding this matter in abeyance.

2

Case 2:06-cr-00202-WKW-CSC Document 124 Filed 07/07/2008 Page 2 of 3
Accordingly, due to the foregoing, Defendant Eugene L. Cleckler asks the

Court to grant this motion in the interests of justice and fundamental fairness,

and to enter an Order directing the United States to refrain from executing judgment

until the validity of his conviction is determined. Alternatively, Mr. Cleckler

asks the Court to enter an Order holding the matter in abeyance until he can sell

his property for a fair market value, or for a period of up to six (6) months.

Respectfully Submitted on this, the 30 day of June 2008.

Eugene L. Cleckler

Reg. No. 12009-002

LSCI Butner

P.O. Box 999

Butner, NC. 27509

CERTIFICATE OF SERVICE

I, Eugene L. Cleckler, hereby certify under the penalty of perjury that a

true and accurate copy of the foregoing has been sent, via 1st Class U.S. Mail,

postage prepaid, to the Office of the U.S. Attorney; P.O. Box 197; Montgomery,

Alabama 36101-0197, by depositing the same in the institutional mailing system

at LSCI Butner, NC on this, the __________ day of June, 2008.

Eugene L. Cleckler

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Case 2:06-cr-00202-WKW-CSC Document 124 Filed 07/07/2008 Page 3 of 3
U.S. Department of Justice

United States Attorney

Middle District of Alabama

131 Clayton Street

Post Office Box 197

Montgomery, Alabama 36104-3429

June 24, 2008

Telephone: 334/223-7280

Fax: 334/223-7560

Fin Lit Fax: 334/223-7201

Civil Fax 334/223-7418

Criminal Fax: 334/223-7135

Mr. Eugene L. Clecker

Reg. No. 12009-002

LSCI Butner

P. 0. Box 999

Butner, NC 27509

Re: United States v. Eugene L. Cleckler

Criminal No.: 2:06CR000202

Restitution Balance: $317,501.21

Dear Mr. Cleckler;

Thank you for your letter dated May 28, 2008, advising that you are no longer represented

by Attorney Ronald R. Brunson.

In your letter you state that execution of the property is "premature" at this time. Please

be advised that the Judgment and Commitment Order dated June 29, 2007, states that the lump

sum payment of $317,901.21 is due "immediately," therefore, it is not premature that we pursue

collection on this debt. It is our responsibility to make the victim of your crime whole and that is

not possible at the rate of $25.00 per month.

We have suspended execution and sale of your property until July 31, 2008. If you would

like to satisfy this judgment prior to that date, please forward a cashier's check in the amount of

$317,501.21, payable to Clerk, U. S. District Court, and mail to P. 0. Box 711, Montgomery,

Alabama 36101. Upon notification from the Clerk's Office that payment has been received, we

will file a Satisfaction of Judgment and cancellation and release of all liens filed against you.

It is to your advantage to satisfy this debt as soon as possible.

Case 2:06-cr-00202-WKW-CSC Document 124-2 Filed 07/07/2008 Page 1 of 2
If you have further questions, please call me at (334) 223-7280.

Your prompt attention to this matter is appreciated.

Sincerely yours,

FOR THE UNITED STATES ATTORNEY

LEURA G. CA5Ry17

Antrena B. ardner

Financial Litigation Project Manager

Case 2:06-cr-00202-WKW-CSC Document 124-2 Filed 07/07/2008 Page 2 of 2