IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
v.
LEE BENTLEY FARKAS,
Defendant.
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CRIMINAL NO. 1:10-CR-200-LMB
In re: Petition of the City of Ocala
SETTLEMENT AGREEMENT
IT IS HEREBY STIPULATED by and between the United States of America and Petitioner
City of Ocala to compromise and settle its interest in the properties located at the following
addresses (collectively hereinafter “the property”):
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7785 SW 62nd Court, Ocala, Florida;
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1222 SE 7th Street, Ocala, Florida;
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101 NE 2nd Street, Ocala, Florida;
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815 S. Pine Avenue, Ocala, Florida;
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1506 N. Magnolia Avenue, Ocala, Florida;
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1433 NW 1st Avenue, Ocala, Florida; and
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1416 N. Magnolia Avenue, Ocala, Florida.
This settlement is entered into between the parties pursuant to the following terms:
1. The parties to this Agreement hereby stipulate that the City of Ocala had a prior vested or
superior interest in the property or is a bona fide purchaser for value of the right, title, or
interest in the property, and was at the time of purchase reasonably without cause to
believe that the property was subject to forfeiture.
2. The United States agrees to release the following three parcels from the Preliminary
Order of Forfeiture to allow the City of Ocala to pursue the appropriate state remedies in
enforcement of its liens:
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1506 N. Magnolia Avenue, Ocala, Florida;
o 1433 NW 1st Avenue, Ocala, Florida; and
o 1416 N. Magnolia Avenue, Ocala, Florida.
3. The City of Ocala agrees to withdraw its claims in this case to the following parcels:
o 7785 SW 62nd Court, Ocala, Florida;
o 1222 SE 7th Street, Ocala, Florida;
o 101 NE 2nd Street, Ocala, Florida;
o 815 S. Pine Avenue, Ocala, Florida;
4. The release of the three parcels listed in paragraph 2 above from the Preliminary Order
of Forfeiture shall be in full settlement and satisfaction of all claims by the City of Ocala
arising from and relating to the seizure, detention, and forfeiture of the property.
5. The City of Ocala agrees to release the United States, and any agents, servants, and
employees of the United States, in their individual or official capacities, from any and all
claims by the City of Ocala and its agents and subdivisions that currently exist or that
may arise as a result of the Government’s actions against and relating to the property.
6. The City of Ocala understands and agrees that by entering into this expedited settlement
of its interest in the property, it waives any rights to litigate further its interest in the
property and to petition for remission or mitigation of the forfeiture. If this Agreement is
approved by the Court, then, unless specifically directed by an order of the Court, the
City of Ocala shall be excused and relieved from further participation in this action.
However, this expedited settlement does not relieve the petitioner of any applicable
discovery obligations.
7. The City of Ocala agrees to execute further documents, to the extent necessary, to
implement any terms of this settlement.
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8. Each party agrees to bear its own costs and attorneys’ fees.
9. The terms of this settlement agreement shall be subject to approval by the United States
district court and any violation of any terms or conditions shall be construed as a
violation of an order of the court.
Respectfully Submitted,
Neil H. MacBride
United States Attorney
DATED: _________________
by PAUL NATHANSON
Assistant United States Attorney
Attorney for United States of America
DATED: _________________
by JEANNETTE GUNDERSON
Trial Attorney, Criminal Division,
Asset Forfeiture and Money Laundering Section
Attorney for United States of America
DATED: _________________
by GRAY B. BROUGHTON
Attorney for Petitioner
City of Ocala
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DATED:__________________
ATTEST:
City of Ocala, a Florida municipal
corporation
______________________________________
Suzy Heinbockel
President, Ocala City Council
_____________________________
Angel B. Jacobs
City Clerk
Approved as to form and legality
_____________________________
Patrick G. Gilligan
City Attorney
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