UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Civil Case No. 14-13363 

 Plaintiff, 

 Honorable Robert H. Cleland 

vs. 

TEN THOUSAND THREE HUNDRED 

FORTY NINE DOLLARS ($10,349.00) 

IN U.S. CURRENCY, 

 Defendant in Rem. 

_________________________________/

STIPULATION AND AGREEMENT FOR ENTRY OF 

CONSENT JUDGMENT AND FINAL ORDER OF FORFEITURE 

Plaintiff, the United States of America (hereinafter the “United States”), by 

and through its counsel, Barbara L. McQuade, United States Attorney for the 

Eastern District of Michigan, and Philip A. Ross, Assistant United States Attorney, 

and claimant, SHANTE PRUITT, by and through her attorney, Ben M. Gonek, 

Esq., (the United States and SHANTE PRUITT shall be referred to collectively as 

“the Parties”) enter into this Stipulation and Agreement for Entry of Consent 

Judgment and Final Order of Forfeiture as to Defendant Ten Thousand Three 

Hundred Forty Nine Dollars ($10,349.00) in U.S. Currency, (the “Defendant 

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Currency”) under the terms and conditions hereinafter set forth: 

Agents with the United States Drug Enforcement Administration (“DEA”), 

and other law enforcement agencies seized the Defendant Currency while executing 

a state search warrant at SHANE PRUITT’s home located on Rutland Street in 

Detroit, Michigan on or about April 25, 2014; 

SHANTE PRUITT filed an administrative claim with the DEA, and 

thereafter, DEA referred the matter to the United States Attorney’s Office for 

judicial forfeiture; 

On August 29, 2014, the United States filed a civil judicial forfeiture 

complaint against the Defendant Currency pursuant to 21 U.S.C. Section 881(a)(6) 

(Docket #1) (the “Complaint”); 

The United States filed its Declaration of Publication of the civil judicial 

forfeiture action on or about December 2, 2014 (Docket #11); 

On October 14, 2014, SHANTE PRUITT filed a Verified Notice of Claim 

(Docket #6) and on October 21, 2014 filed an Answer to the Complaint for 

Forfeiture (Docket #7 ); 

No other verified claims of interest have been filed by any party in the civil 

judicial forfeiture action, and the time for filing such claims has expired; 

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The Parties are aware of their respective rights and wish to resolve this action 

without further litigation and expense; 

NOW, THEREFORE, the Parties hereby stipulate and agree as follows: 

1. This action is an in rem civil forfeiture action brought pursuant to 21 

U.S.C. Section 881(a)(6). 

2. The Court has jurisdiction and venue over this action pursuant to 28 

U.S.C. Sections 1345, 1355(b)(1)(A), 1391(b)(2), and 1395(b). 

3. The allegations of the Complaint are well taken and the United States 

and its agents had reasonable cause to seize the Defendant Currency, as provided in 

28 U.S.C. Section 2465. The position of the United States and its agents and 

employees in this action was and remains substantially justified as set forth in 28 

U.S.C. Section 2412. SHANTE PRUITT shall not claim or seek attorneys’ fees 

and costs in connection with this action and knowingly and voluntarily waives any 

and all claims she may have for attorneys’ fees and costs, whether under the Civil 

Asset Forfeiture Reform Act of 2000, the Equal Access to Justice Act, or any other 

statute, rule or regulation. 

4. The Parties stipulate and agree that the following shall be 

FORFEITED to the United States pursuant to 21 U.S.C. Section 881(a)(6): Eight 

Thousand Three Hundred Forty Nine Dollars ($8,349.00) of the Defendant 

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Currency seized on or about April 25, 2014, plus any interest accrued since the 

seizure date on the total amount of Defendant Currency (hereinafter, the “Forfeited 

Currency”). Any right, title or ownership interest of SHANTE PRUITT and her 

agents, successors, assigns, and any right, title or ownership interest of all other 

persons, in the Forfeited Currency is hereby and forever EXTINGUISHED and 

clear title and all interest in the Forfeited Currency shall VEST in the United States, 

and the United States Marshals’ Service (“USMS”), or its delegate, is 

AUTHORIZED to dispose of the Forfeited Currency according to law. 

5. Pursuant to this Stipulation and Agreement, SHANTE PRUITT agrees 

to WITHDRAW any and all claims she has made for the Defendant Currency, 

including any administrative claims of interest and petitions for remission or 

mitigation filed with DEA. 

6. The Parties stipulate and agree that the following shall be 

RETURNED to SHANTE PRUITT: Two Thousand Dollars ($2,000.00) of the 

Defendant Currency seized on or about April 25, 2014. The United States agrees to 

release this amount, $2,000.00, to SHANTE PRUITT, less any debt owed to the 

United States, any agency of the United States, or any other debt which the United 

States is authorized to collect from SHANTE PRUITT, including but not limited to, 

any debts that the United States may collect through the Treasury Offset Program 

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(the “Returnable Amount”). Following entry of this Stipulation and Agreement by 

the Court, and after SHANTE PRUITT’s attorney has supplied the United States 

with SHANTE PRUITT’s social security number, EIN number and the Automated 

Clearing House (“ACH”) information for electronic deposit of the Returnable 

Amount, the United States Department of Treasury, or its delegate, shall disburse the 

Returnable Amount to SHANTE PRUITT through the Electronic Payment System 

(“EPS”) by electronic deposit into SHANTE PRUITT’s attorney’s IOLTA account. 

7. Upon signing below, SHANTE PRUITT agrees to unconditionally 

release, remise and forever discharge the United States, and its agencies, agents, 

officers, and employees, past and present, and all other persons, including but not 

limited to, agents and employees of DEA, the United States Attorney’s Office, the 

USMS, any individual local law enforcement officers, departments or agencies, and 

any other persons who participated in or assisted in any aspect of this action and 

underlying investigation, from any and all actions, claims, causes of action, suits, 

proceedings, debts, dues, contracts, judgments, damages, and/or demands in law or 

equity, which SHANTE PRUITT, and/or her assignees, agents, officers, employees, 

heirs, or successors in interest had, now has or may have against the United States 

and its agencies, agents, officers, employees, past and present, and other persons 

involved in the seizure or forfeiture of the Defendant Currency, for, or on account of, 

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the incidents or circumstances giving rise to any aspect of the seizure, investigation, 

or forfeiture proceedings. 

8. The Parties agree that this Stipulation and Agreement applies 

exclusively to the asset forfeiture matters arising from the seizure of the Defendant 

Currency, and in no manner immunizes SHANTE PRUITT from criminal 

prosecution for any illegal conduct associated with the Defendant Currency. 

9. By signing this Stipulation and Agreement, SHANTE PRUITT 

declares that she has read the terms of this Stipulation and Agreement, has consulted 

with her attorney, and fully understands the terms, conditions, and consequences of 

this Stipulation and Agreement and that she is aware of her rights in this forfeiture 

action. 

10. The Parties stipulate and agree that each side shall bear its own costs 

and attorneys’ fees in this action. 

11. This Stipulation and Agreement encompasses the full agreement of the 

Parties regarding the Defendant Currency. 

12. Upon entry of this Stipulation and Agreement for Consent Judgment 

and Final Order of Forfeiture, this case shall be DISMISSED WITHOUT 

PREJUDICE. 

WHEREFORE, the Parties stipulate and agree to entry of this Stipulation and 

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Agreement for Consent Judgment and Final Order of Forfeiture. 

Agreed as to form and substance: 

BARBARA L. McQUADE 

United States Attorney 

s\Philip A. Ross s\Ben M. Gonek 

PHILIP A. ROSS BEN M. GONEK, ESQ. 

Assistant United States Attorney Attorney for Shante Pruitt 

211 W. Fort Street, Suite 2001 500 Griswold, Suite No. 3500 

Detroit, Michigan 48226 Detroit, Michigan 48226 

(313) 226-9790 (313) 962-5210 

Philip.ross@usdoj.gov ben@goneklaw.com 

[VA Bar No.70269] [P-43716] 

Dated: February 10, 2015 Dated: 

 

s\Shante Pruitt, please see attached page 

SHANTE PRUITT 

Claimant 

Dated: 

****************************************************************** 

IT IS SO ORDERED: 

s/Robert H. Cleland 

Dated: February 26, 2015 HONORABLE ROBERT H. CLELAND 

United States District Court Judge 

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