Case: 3:12-cr-50027 Document #: 199 Filed: 12/10/14 Page 1 of 3 PageID #:1194

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
UNITED STATES OF AMERICA
)
)
)
v.
)
)
RITA CRUNDWELL,
)
)
No. 12 CR 50027
Defendant,
)
)
Judge Philip G. Reinhard
and
)
)
AMERICAN PAINT HORSE
)
ASSOCIATION,
)
)
Third Party Citation Respondent.
)
MOTION FOR TURNOVER ORDER
The United States, by Zachary T. Fardon, United States Attorney for the Northern
District of Illinois, moves this court for a turnover order, and in support states as follows:
1.

Judgment in the captioned matter was entered in favor of the United States and

against the defendant on February 14, 2013. As of December 10, 2014, the defendant has an
outstanding balance of $44,452,107.96.
2.

The United States may use any federal or state procedure to enforce the judgment.

18 U.S.C. 3613(a) and (f). A citation to discover assets directed to the respondent was issued
on the judgment on April 5, 2013 and served on the respondent on April 5, 2013. The defendant
was served on April 8, 2013 with statutory notice.
3.

Pursuant to the citation to discover assets, the respondent answered on April 23,

2013 and updated its answer on October 3, 2014. A copy of the updated October 3, 2014 letter is
attached as Exhibit A. In its answer, the respondent stated that at the time the citation was
served, the respondent had in its possession or under its control, property belonging to the

Case: 3:12-cr-50027 Document #: 199 Filed: 12/10/14 Page 2 of 3 PageID #:1195

defendant, Rita Crundwell in the form of earnings as a part of her participation in the
respondents Breeders Trust Program. Based upon the respondents answer, the United States
is entitled to a total of $6,066.38 (i.e., $3,215.40 for the 2012 program year and $2,850.98 for
2013), which represents the defendants nonexempt interest in the Breeders' Trust funds for
horses the defendant subscribed and nominated being held by the respondent. Additional funds
in subsequent years will be owed to the defendant. 18 U.S.C. 3613(a) and 26 U.S.C. 6334.
4.

The Clerk of the Court collects all payments on monetary penalties imposed in

criminal cases; accordingly, all payments should have 12 CR 50027 written in the lower left
corner of the check and be submitted to: Clerk of the Court, U.S. District Court, Northern
District of Illinois, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604.
5.

The United States has provided all notices required by law.

WHEREFORE, the United States moves for entry of a turnover order directing the
respondent, American Paint Horse Association, to submit to the Clerk of the Court $6,066.38
which represents the defendants nonexempt interest in the Breeders Trust Program funds for
application to the defendants outstanding judgment.
Respectfully submitted,
ZACHARY T. FARDON
United States Attorney
By: s/ Joseph A. Stewart
JOSEPH A. STEWART
Assistant United States Attorney

Case: 3:12-cr-50027 Document #: 199 Filed: 12/10/14 Page 3 of 3 PageID #:1196

Exhibit A