Galante

Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA v. Crim. No. 3:06CRI61(EBB) JAMES E. GALANTE, THOMAS MILO, et al. . , ""." ­ FINAL ORDER OF FORFEITURE Whereas on June 3, 2008, this Court signed and entered a Preliminary Ord~rof Fbffeitui~'::; -. .......) ,.-. in the above-captioned case that forfeited, pursuant to 21 U.S.c. § 853(n), all o{df;fendakt;James E. Galante's interests in the assets listed as items "a" through "cc" below (hereinafter, the "Forfeitable Assets"): Business Entities: a. b. Automated Waste Disposal (AWD); 307 White Street, Danbury, CT 06810. A & A Connecticut Waste System, LLC; 307 White Street, Danbury, CT06810; and 54 Danbury Rd. #302 Ridgefield, CT 06877. Acorn Equipment Leasing Corp.; 307 White Street, Danbury, CT 06810. Advanced Recycling Corp.; 307 White Street, Danbury, CT 06810. Advanced Waste Systems, Inc.; 307 White Street, Danbury, CT 0681 0; and P.O. Box 869, Southbury, CT 06488. American Disposal Services ofCT (ADS); 307 White Street, Danbury, CT 06810; and 770 Derby Ave., Seymour, CT 06483. Danbury Carting Co.; 307 White Street, Danbury, CT 06810; and P.O. Box 153, West Redding, CT 06896. Diversified Waste Disposal, Inc. (DWD); 307 White Street, Danbury, CT 0681 0; and 60 Newtown Road, Danbury, CT 06810. c. d. e. f. g. h. Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 2 of 7 i. J. Eco-Fuel Services, Inc.; 307 White Street, Danbury, CT 06810. Environmental Systems, Inc.; 307 White Street, Danbury, CT 0681 O. F & H Sanitation Corp.; 307 White Street, Danbury, CT 06810. Greensphere, Inc.; 307 White Street, Danbury, CT 06810. k. I. m. n. l.A.T. Truck Repair Service, Inc.; 307 White Street, Danbury, CT 06810. New Fairfield Sanitation; 307 White Street, Danbury, CT 0681 0; 10 Weldon Woods Rd., New Fairfield, CT 06812; and P.O. Box 8878, New Fairfield, CT 06812. New York-Connecticut Waste Recycling, Inc.; 307 White Street, Danbury, CT 06810; and 524 Waverly Ave., Mamaroneck, NY 10543. Northeastern Waste Management; 307 White Street, Danbury, CT 06810; and P.O. Box 367, Brewster, NY 10509. P & G Sanitation, Inc.; 307 White Street, Danbury, CT 06810; and P.O. Box 8852, New Fairfield, CT 06812. Recycling Technologies, Inc.; 307 White Street, Danbury, CT 06810. Saniclean Systems, Inc.; 307 White Street, Danbury, CT 06810. Southbury Waste Disposal, Inc.; 307 White Street, Danbury, CT 06810. Superior Leasing; 307 White Street, Danbury, CT 06810. Superior Waste Disposal, Inc.; 307 White Street, Danbury, CT 06810. Th0'!las Refuse Service; 307 White Street, Danbury, CT0681 0; and P.O. Box 3679, Danbury, CT 06813. Transfer System, Inc.; 307 White Street, Danbury, CT 06810. 307 White Street Corp.; 307 White Street, Danbury, CT 06810. o. p. q. r. s. t. u. v. w. x. y. -2­ Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 3 of 7 Real Property: z. Certain real property, and all its contents, furnishings and items located on the land at 530 Main Street North, Southbury, CT 06488, more fully described as: All that certain piece or parcel of land situated in the Town of Southbury, County of New Haven and State of Connecticut being shown and designated as Lot 3B Area 5.8038 Ac. on a certain map entitled: "Resubdivision of Lot No.3 Subdivision of Land of the Estate of Edward Hinman, Jr. Main Street North Southbury, Connecticut, dated 10/26/95" which said map is on file in the office of the Town Clerk of Southbury as Map No. 3284. All those certain pieces or parcels ofland, together with the buildings located thereon and any property, situated in the Town ofSouthbury, County ofNew Haven and State of Connecticut, situated on the easterly side of Main Street North, being shown and designated as Lots 2B and 2C on a certain map entitled, "Resubdivision of Lot No. 2 Subdivision ofLand ofthe Estate ofEdward Hinman, Jr., Southbury, Connecticut" which map is dated 3/29/90, was last revised 2/18/92, and is on file in the office of the Town Clerk ofsaid Town ofSouthbury as Map No. 2955, to which reference may be had for a more particular description. Vehicles: aa. Six racing cars marked with identifying numbers "0 I" through "06," respectively, on the front frame rails, which prior to their seizure by federal agents on or about June 9,2006, competed under the name of "Mystique Motor Sports," and were ordinarily stored at Mystique Motor Sports's race shop, located at 60 South Canal Street, Plainville, CT. One 1997, 53-foot Featherlite Trailer, Model 1075, VIN 4FG-L5320-8-VA980683. bb. Currency: cc. Approximately $448,153.10 in United States currency, seized on or about July 19, 2005, from both James E. Galante's business office at 307 White Street, Danbury, CT 06810, and James E. Galante's home at 10 Weldon Woods Road, New Fairfield, CT 06812. -3­ Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 4 of 7 And whereas on June 11,2008, this Court signed, and on June 13,2008, this Court entered, a Preliminary Order of Forfeiture in the above-captioned case that forfeited, pursuant to 21 U.S.C. § 853(n), all of defendant Thomas E. Milo's interests in the assets listed as items "a" through "y" above. And whereas, pursuant to 21 U.S.C. § 853(n), the United States published as listed below, notices of these forfeitures and of the intent ofthe United States to dispose of the Forfeitable Assets as the Attorney General may direct, and further notifYing all third parties of their right to petition the Court within thirty days for a hearing to adjudicate the validity of their alleged legal interest in any of the Forfeitable Assets, specifically: • Notices published on September 4, II, and 18,2008, in The Danburv News-Times, a newspaper of general circulation; Notices published on September 27, and October 4 and 11,2008, in The Hartford Courant, a newspaper of general circulation; Notices published on October 3,10, and 17,2008, in The Journal News (serving Westchester, Rockland, and Putnam Counties, New York), a newspaper of general circulation; and Notices published for at least 30 consecutive days, beginning on July 16,2008, on an official government internet site, www.forfeiture.gov. • • • And whereas, notice of these forfeitures, including a copy of the Preliminary Order of Forfeiture listing all of the Forfeitable Assets, was served by certified mail upon each of the following potential claimants known to the government, and was accepted by each of them on the respected dates listed, specifically: • Certified mail notice accepted on or about July 3, 2008, by Steven D. Zuboff, attorney for Robert Lord Co.; Certified mail notice accepted on or about July 3, 2008, by Robert Lord Co.; -4­ • Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 5 of 7 • Certified mail notice accepted on or about July 3, 2008, by Robert PiscateIli, attorney for People's United Bank; Certified mail notice accepted on or about July 5, 2008, by Francis J. O'Reilly, attorney for Debra Ceretta (aka Debra Rose Toscano); Certitied mail notice accepted on or about July 7, 2008, by Debra Rose Toscano; Certified mail notice accepted on or about July 7, 2008, by John F. Droney, attorney for Lisa Henry; Certified mail notice accepted on or about July 10, 2008, by Lisa Henry; Certified mail notice accepted on or about July IS, 2008, by Robert J. Metzler, attorney for Housatonic Resource Recovery Authority; Certified mail notice accepted on or about August 5,2008, by Mark Enright, attorney for General Electric Capital Corp.; Certified mail notice accepted on or about August 22, 2008, by Jeff Tinley, attorney for the Town of Southbury; and Certified mail notice accepted on or about September 10,2008, by David H. Flynn, attorney for Sovereign Bank. • • • • • • • • And whereas, as summarized below, the United States received petitions from a total of five claimants, asserting their legal interests in one or more ofthe Forfeitable Assets, and all ofthe five claims have been settled with the respective claimants, as set forth in Orders by this Court approving and incorporating the terms of the settlements, specifically: 1. The Robert Lord Co. filed a claim on July 23, 2008, asserting a legal interest in the Forfeitable Assets, which claim was settled pursuant to the terms of a Stipulated Settlement filed in this case and approved by Orderofthis Court issued on December 5,2008. -5­ Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 6 of 7 2. Debra Rose Toscano filed a claim on July 24, 2008, asserting a 50% ownership interest in A & A Connecticut Waste System, LLC, listed as item "b" above, which claim was settled pursuant to the terms of a Stipulated Settlement filed in this case and conditionally approved by Order of this Court issued on December 5, 2008, pending approval of the United States Bankruptcy Court for the Southern District of New York, which Bankruptcy Court approval was issued on January 15, 2009, and filed in this Court on January 27,2009. Peoples United Bank filed a claim on July 29, 2008, asserting a legal interest in the real property located on the real property at 530 Main Street North, Southbury, CT 06488, listed as item "z" above, which claim was settled pursuant to the terms of a Stipulated Settlement filed in this case and approved by Order of this Court issued on December 5, 2008. The Housatonic Resources Recovery Authority ("HRRA") filed a claim on August 8, 2008, asserting certain legal interests in Recycling Technologies, Inc., and Automated Waste Disposal, listed as items "a" and "r" above, which claim was settled pursuant to the terms of a Stipulated Settlement filed in this case and approved by Order of this Court issued on January 27, 2009. Pettit Racing Engines filed a claim on August 15, 2008, asserting a legal interest in J.A.T. Truck Repair Service, Inc., listed as item "m" above, which claim was settled pursuant to the terms of a Stipulated Settlement filed in this case and approved by Order of this Court issued on December 5, 2008. 3. 4. 5. And whereas no other timely petitions have been filed. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: That pursuant to 21 U.S.C. § 853(n)(7), and subject to the terms of the five Stipulated Settlements referenced above, all right, title, and interest to the Forfeitable Assets, specificaIly, items "a" through "cc" listed above, is hereby condemned, torfeited, and vested in the United States of America, and that no right, title, or interest in or to the Forfeitable Assets shall exist in any other party; -6­ Case 3:06-cr-00161-EBB Document 1787 Filed 02/10/2009 Page 7 of 7 That pursuant to 21 U.S.C. §§ 853(g)-(i), and subject to the tenns of the five Stipulated Settlements referenced above, the United States may dispose of this property according to law; and That the Clerk of Court is directed to send five (5) certified copies of this Final Order of Forfeiture to Henry Kopel, Assistant United States Attorney, )57 Church Street, 23d Floor, New Haven, COlUlecticut 06510. A copy of this Order shall be docketed and sent bye-mail to all parties of record by operation of the Court's electronic filing system, and shall be sent by first-class mail HO ORABLE ELL N BREE URNS UNITED STATES D STRICT JUDGE , t).; ~ • . '. ,. -7­