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United States v. Apostelos

United States District Court, S.D. Ohio, Western Division

July 25, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM APOSTELOS, Defendant.

          BENJAMIN GLASSMAN UNITED STATES ATTORNEY PAMELA M. STANEK ASSISTANT U.S. ATTORNEY DAVID CARROLL BARRETT, JR. COUNSEL FOR RON RITTENHOUSE DONALD HARKER, SUCCESSOR TRUSTEE WILLIAM APOSTELOS CHAPTER 7 BANKRUPTCY TRUSTEE

          AGREED ORDER TO TURNOVER FARM RENT PROCEEDS TO THE UNITED STATES AND FINAL ORDER OF FORFEITURE OF FARM RENT PROCEEDS

          THOMAS M. ROSE UNITED STATES DISTRICT JUDGE.

         WHEREAS, upon the United States' Motion for a Final Order of Forfeiture and the underlying records in the docket, the Court makes the following findings:

         1. On October 27, 2015, an Indictment was returned against William Apostelos and Connie Apostelos wherein the Defendants were charged in Count One with Conspiracy to Commit Wire Fraud and Mail Fraud in violation of 18 U.S.C. § 1349, in Counts Two through Nine with Mail Fraud in violation of 18 U.S.C. § 1341, in Counts Ten through Twenty-Three with Wire Fraud in violation of 18 U.S.C. § 1343, in Count Twenty-Four with Conversion of Funds from an Employee Benefits Plan in violation of 18 U.S.C. § 664, and in Counts Twenty-Five through Twenty Six with Money Laundering in violation of 18 U.S.C. § 1957. (Doc. 6);

         2. Connie Apostelos was charged in count Twenty-Seven of the Indictment with False Statement in violation of 18 U.S.C. § 1001 (Doc. 6);

         3. The Indictment gave notice of the United States intent to seek the forfeiture of the real property commonly known as 496 South Houston Pike, South Vienna, Ohio, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. 2461(c) as proceeds of the Defendant's violations;

         4. The real property commonly known as 496 South Houston Pike, South Vienna, Ohio (hereinafter the “Farm”) is further identified through its legal description as follows:

All right, title and interest (including any leasehold interest) in the whole of any lot or tract of land and any appurtenances or improvements, to the real property commonly known as 496 South Houston Pike, South Vienna, Ohio 45369 and having the following legal description;
Situated in Virginia Military Survey #5999, Harmony Township, Clark County, Ohio. Being all of a 169.3 acre (by deed) parcel conveyed to John Hook, Revocable Trust, by O.R. 1790, Page 2064 of the Deed of Records of Clark County, Ohio, and being a tract of land more particularly described as follows:
All of that Plats and Deeds referenced hereon, are recorded in the Plat and Deed Records of Clark County, Ohio. Starting for reference at a railroad spike found at the centerline intersection of South Houston Pike and Wilson Road;
Thence, N 33 46'34”W, with the centerline of said South Houston Road, for a distance of 51.01 feet to a Mag Nail set at the True Point of Beginning:
Thence, from said True Point of Beginning, N 33 46'34”W, continuing with the centerline of said South Houston Road, for a distance of 689.17 feet to a 5/8” iron pin set at the southwest corner of a 12.2 acre parcel conveyed to Harry E. Burnsworth, Jr. and Grace E. Kelly-Burnsworth by O.R. 1955, Page 74-76 and on the south line of V.M.S. #4480:
Thence, N 50 00'00”E, with the south line of said 12.2 acre parcel and the south line of said V.M.S. #4480, passing a fence post found at 7.00 feet and a capped “RE Hankison” iron pin found at 514.42 feet, for a total distance of 1060.02 feet to a 5/8”iron pin set:
Thence, N 85 02'54”E, for a distance of 175.24 feet to a 5/8” iron pin set:
Thence, N 13 17'00”W, for a distance of 167.97 feet to a capped “RE Hankison” iron pin found on the south limited access right-of-way line of U.S. Route 40:
Thence Northeasterly, with a curve to the left, with said limited access right-of-way line, having a radius of 5789.58 feet, an arc length of 352.72 feet, with a central angle 3 29'26” and chord length of 352.67 feet which bears N 76 49'04”E, to a 5/8” iron pin set at a point of tangency at Station 1396.29/60.00 feet right of the centerline of said U.S. Route 40 bound per ODOT right-of-way plans CLA. 40-24.31:
Thence, N 75 04'20”E, continuing with the south limited access right-of-way line of said U.S. Route 40, for a distance of 413.74 feet to a fence post found at Station 1400.50/60.00 feet right, per said ODOT right-of-way plans CLA. 40-24.31 and the northwest corner of a 151.77 acre parcel conveyed to William H. Olinger, III by O.R. 1498, Page 410:
Thence, S 05 21'04”E, with the west line of said 151.77 acre parcel, for a distance of 568.26 feet to a 5/8” iron pin set:
Thence, S 39 59'21”E, continuing with the west line of said 151.77 acre parcel, passing a fence post found at 3691.29 feet, for a total distance of 3691.73 feet to a 5/8” iron pin set on the north line of a 57.25 acre parcel conveyed to Olinger farms, LLC. by O.R. 1735, Page 719-720 and on the north line of V.M.S. #4214.
Thence, S 49 37'45”W, with the north line of said 57.25 acre parcel and V.M.A. #4214, passing a 5/8” iron pin set at 1700.71 feet, for a total distance 1720.71 feet to a Mag nail set at the southwest corner of said 57.25 ...

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