State v. Lopez et al. (HUT)

580 A. Sharpe

Harlan Mount The seized funds are not designed to be used to pay off the plea agreement, no. The verbiage was simply to clarify that the suspect had no prior claim to seized funds in an effort to reclaim them at a later date.

The fine is the fine.

187 R. O'Cop

580 A. Sharpe would be nice if the deal reflected that.

Instead, it says, in a section right under the fine, titled "VII. Additional Forfeiture and Release:"

"The forfeited funds shall be treated as proceeds of unlawful activity and applied to satisfy penalties and restitution obligations."

The forfeited funds are the $207,443 USD, and as stated by the deal signed by all parties, and are to be applied to satisfy penalties and restitution obligations. So we're waiting for it to be applied, as per the legal document written and signed by the State.

If that sentence were not there, then the funds would be simply seized.
The State made a conscious decision to add said sentence, which very clearly means the seized funds Miss Rory Owens forfeited as part of the deal would be used to satisfy her penalties.

580 A. Sharpe

I'm not going to rebut further, I'll leave it to Judge Mount to decide.

This obviously isn't the intent of the State.

Harlan Mount

While I did sign the agreement. I will void my signature on it as it's clear the way it was written was unnecessarily convoluted.

I will give another chance to rewrite the agreement. We can work on a reimbursement if needed for Ms. Owens If we can't come to a plea agreement.

I will not be forcing anyone into anything from both sides.
@580 A. Sharpe @187 R. O'Cop
While there is a $300,000 dollar bill that needs to be reconciled still... I will consider the plea agreement null and void. If it changes drastically, or no agreement can be come to, we will work on the refund to Ms. Owens ASAP.

Please let me know ASAP.

580 A. Sharpe

By way of reconciliation; I hereby resubmit the plea deal as attached:

https://docs.google.com/document/d/1cBcXlYy5aW1K1IGP4UHoGwivHFSEO_tFipd_8AzUhi4/edit?usp=sharing

Note, I have reduced the quoted fine from $350,000 to $300,000 as previously signed by way of recompense for the delay. Additionally, time served amended from 3/6 days to 5/6 days.

187 R. O'Cop

580 A. Sharpe it will be forwarded to the defendant this instant. We will try to have a response and a possible signature ASAP.

187 R. O'Cop

580 A. Sharpe would you mind if the part regarding personal items from the property be added back in, in case of the state seizure? My client would love to have a chance to get her personal items back, and as it stands, everything inside would be forfeited, including personal items.

An acknowledgment here - that the forfeiture only specifies the ownership of the building, and not personal items inside - on the docket, works as well, more than fine, that'd be evidence of mutual understanding, and doesn't necessarily need to be included on the paper, since we can both agree on the understanding here.

580 A. Sharpe

I have no objection; updated as below:

Harlan Mount

Let me know when this is signed off by all parties and I will approve it. Can handle any reimbursement later today also

187 R. O'Cop

Harlan Mount perfect timing, your honor, the plea has been signed by all parties and is ready for your review.

Harlan Mount

187 R. O'Cop I have signed this. Can you confirm for my records, the screenshot of the overbill, I will have the refund sent when I confirm the overpayment from my end also

187 R. O'Cop

Harlan Mount will try to get it, your Honor should also be able to view it from the DOJ bank account side as well, while we wait for Miss Owens to be available.