U.S. District Court-ordered Dispersal of items and related equipment in
United States of America v. Rita A. Crundwell
TERMS & CONDITIONS OF SALE
· The Bidder acknowledges that he or she has received a copy of the Terms and Conditions of Sale.
· The Bidder acknowledges that in the event that the Bidder’s offer is accepted, that the Terms and Conditions of Sale shall be part of the sales contract.
· COLLUSION, BID-RIGGING, FRAUD – Any attempt to unfairly affect the outcome of a sale shall be cause for immediate disqualification as an eligible Bidder. Use of a straw buyer for purposes of purchasing a item for someone who is barred from making the purchase themselves shall be viewed as two or more persons conspiring either to commit an offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and where one or more of such persons did any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both (18 U.S.C. § 371).
· STATEMENTS OR ENTRIES GENERALLY – Whoever knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statement or representation; or makes or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both (18 U.S.C. § 1001).
Professional Auction Services, Inc. - TERMS & CONDITIONS OF SALE
1. AGREEMENT: a) I represent and agree that I am of legal age to form a binding contract. b) I (hereinafter, referred to as Buyer) agree to these terms and conditions, and swear that all the information furnished is true and correct. c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf, d) Buyer agrees that this registration to bid is not assignable without the express written approval of P.A.S., Inc. e) Buyer agrees to make any sale transaction for this entry through P.A.S., Inc.) Buyer agrees that if they have the winning, final bid, or bid accepted by the Seller, the Buyer has entered into a binding agreement to purchase the item.
2. REPRESENTATION OF item: There is no warranty expressed or implied by the sales company, auctioneer, sponsors, or Seller, as to the merchantability or fitness for any particular purpose of any item offered in this sale. All items are sold “AS IS” with all existing conditions and defects. Professional Auction Services, Inc., United States Marshals Service (Seller), Ramtech Support Services, Inc. and sales personnel assume no responsibility whatsoever to anyone for defects, the physical condition or functionality of any item and makes no warranties or representations of any kind in the sale.
3. DISCLOSURES: Every effort has been made to assure correctness of the catalog but Professional Auction Services, Inc., Ramtech Support Services, Inc., the U.S. Marshals Service, the sale management, employees and auctioneers are not responsible for errors or omissions and assume no liability as to any such statements, either verbal or written regarding items sold. All statements and corrections at the sale will supersede the catalog.
4. BUYER’S PREMIUM FEE: Buyers of items in this auction will pay to P.A.S., Inc. a Buyer’s Premium which is added to the final bid price to form the total purchase price of any item in the auctions. Buyer’s Premium of 12% will be charged for items selling up to $10,000. Buyer’s Premium of 6% will be charged for items selling above $10,000.
5. PAYMENT BY BUYER: Terms of sale are cash and payment must be made immediately after the completion of the session in which the item sells. Pay PROFESSIONAL AUCTION SERVICES, INC. in all cases. Payment must be made as prescribed in the Payment Instructions.
Acceptable forms of payment:
Winning bidders will receive an emailed invoice shortly after the close of the auction. Pay from that invoice. If you do not receive an invoice, please contact by telephone at 800-240-7900 or by email email@example.com. BALANCE OF FULL payment is due within 3 days after the auction. Acceptable forms of payment for the Online Auction: Credit card (Visa, MasterCard, American Express) and/or bank wire transfer and cashier's or official bank checks made payable to Professional Auction Services, Inc. All Credit Card Sales are Final.
INTERNATIONAL BUYERS ONLY, including Canada and Mexico: BY Advance deposit with PAS of the FULL AMOUNT of intended purchase price by wire transfer, or cash equivalent in U.S. Dollars. Any unused funds will be returned in the same form as received or by PAS company check within ten business days from auction.
6. RELEASE OF ITEM TO BUYER: A item will not be released to a Buyer until Buyer has made full payment for the item and funds have been verified. Once bidding concludes, and P.A.S., Inc. has collected payment from the Buyer, Buyer and Seller will receive a Buyer Conformation Form (BCF) via email. When Buyer or transporter arrive they will show Seller their copy of the BCF to confirm payment. Buyer or transporter will sign Seller’s copy of the Buyer Confirmation Form (BCF ) and e-mail or fax it to P.A.S., Inc.
7. RISK AND RESPONSIBILITY FOR ITEM: Buyer assumes all risk, responsibility and expense for the item at the end of bidding or, upon confirmation of sale by Seller. PAS, Inc. recommends the buyer obtain Insurance on items immediately after purchase, however, this decision and risk rest solely with the buyer.
8. SALES TAX: No Sales Tax will be charged.
9. DEFAULT ON PURCHASE: In the event the Buyer fails to complete the transaction, the bid deposit and any payment shall be retained by the Seller as liquidated damages and all right, title, and interest in the property and the property itself shall revert to the United States without further notice to the Buyer.
10. INDEMNITY: Buyer releases P.A.S., Inc., United States Marshals Service, Ramtech Support Services, Inc., Sale Managers, Auctioneers, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of any item or item in this auction. If legal action is initiated against P.A.S., Inc. or Ramtech SSI involving this entry, the Buyer agrees to fully indemnify P.A.S., Inc. from such suit, including legal fees and costs incurred by P.A.S., Inc. Buyer agrees that P.A.S., Inc. may publish sale results including information concerning this sale transaction.
11. ADDITIONAL TERMS AND CONDITIONS: The U.S. Marshals Service Terms and Conditions, as well as the Terms and Conditions for the use of EDJEAuctions.com and P.A.S., Inc. Conditions Of Sale for buyers as stated on the auction web site, are hereby incorporated by reference and made part hereof as though fully set forth herein.
12. BIDDING ERRORS – ONLINE AUCTION: You should make sure to review all bids before and after submitting. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a gross error you must immediately contact the P.A.S., Inc. office by email (we must have your request in writing). We may not be able to reverse your bid. You must remain the high bidder. Be aware of increasing your own bids.... some bidders increase their own bid to price an item out of reach of other bidders. We will not reverse bids that have caused another bidder to be outbid. If you bid on the wrong item we will not reverse your bid. Please make sure to immediately review your bid. We will not reverse bids after the auction has begun to close, there will be NO exceptions.
13. NO GUARANTEE OF SERVICE: P.A.S., Inc., and EDJEAuctions.com (EDJE Technologies, Inc.) do not guarantee or covenant that the Auction technology, the EDJEAuctions.com site or any related services will meet Buyer’s requirements or be uninterrupted or error-free. EDJEAuctions.com (EDJE Technologies, Inc.) does not guarantee real-time performance of any service or that it will execute all online or absentee bids.
14. INTERFERENCE: Seller agrees not to use any device, software or routine to interfere with or attempt to interfere with the functioning of this online auction.
15. SEVERABILITY: If any provision or portion of a provision of this agreement is held to be invalid or unenforceable for any reason, such provision or portion of a provision shall be struck and the remaining provisions shall be enforced.
16. PLEASE BE CAREFUL: Buyers are cautioned to be careful while on the grounds to pick up items. United States Marshal Service, Ramtech SSI., and P.A.S. Inc., are not responsible for accidents or damage to items purchased.
TERMS AND CONDITIONS OF SALE
AUTHORITY – On September 17, 2012, the U.S. District Court, Northern District of Illinois, Western Division, issued a Protective Order Directing the Interlocutory Sale of Certain Property in United States of America v. Rita A. Crundwell, Case No. 12 CR 50027. Pursuant to 28 U.S.C. § 566 and 28 C.F.R. § 0.111(i), the United States Marshal shall execute the Order under the authority of the United States of America and shall command all necessary assistance to execute his or her duties.
AUCTION PARTICIPANT’S RESPONSIBILITY – All persons who participate in a U.S. Marshals Service auction shall be responsible for reading, understanding, and complying with the Terms and Conditions of Sale as specified herein and shall be bound thereby.
PARTICIPATION – A BUYER’S PREMIUM WILL BE CHARGED TO ALL BUYERS FOR THESE AUCTIONS. Except for a buyer’s premium, no fee shall be charged to anyone to participate in the auction of property by the United States through the U.S. Marshals Service (hereinafter referred to as the “Seller”). However, a bid deposit will be required from all registered bidders.
BIDDING PROCEDURE – The auctions will be conducted by Ramtech and/or its affiliates (hereinafter the “Auctioneer”) through an on‐line auction providing for fair, full, and open competition. Private sales are strictly prohibited. The Auctioneer shall set bidding procedures and its resolution of bid disputes and its determination of the successful bid shall be final. In resolving disputes, the Auctioneer may, in its discretion, re‐auction the asset in question.
REGISTRATION – A prospective bidder must register and obtain a bidder’s number to bid on any auctioned item. Each bidder is responsible for all bids placed against his or her bidder number. No person described below in the paragraph entitled “DEFENDANTS AND OTHER PROHIBITED BUYERS,” who is thereby disqualified from buying seized/forfeited property in the auction, shall be eligible to register as either a bidder or an agent for another person.
OFFER TO PURCHASE – The on‐line auction and these Terms and Conditions are a solicitation of bids. Bids constitute offers to purchase the lot being auctioned. The successful bidder’s offer is the only one that will be considered for acceptance by the Seller. Upon the close of the on‐line auction, or shortly thereafter, the successful bidder will be required to complete and sign an offer to purchase and/or a Forfeited Property Sales Certification (Form USM‐621) at the bid price, in a form acceptable to the Seller.
CONTRACT – The Buyer’s offer, the Seller’s acceptance, and these Terms and Conditions shall constitute the whole contract between Buyer and Seller, unless modified in writing and signed by both parties. No oral statement or representation made by, for, or on behalf of either party shall be part of such contract of sale. The contract of sale or any interest therein, shall not be transferred or assigned without consent of the Seller and any purported assignment without such consent shall be null and void.
ACCEPTANCE OR REJECTION OF BID – Seller has the right to accept or reject the offer of the successful bidder in its sole and unfettered discretion. Notice by the Seller of the acceptance or rejection of a bid shall be deemed to have been given at the time the written acceptance or rejection is delivered, mailed, faxed or emailed to the successful bidder or to his or her duly authorized representative at the postal or e‐mail address or telephone number provided by the bidder. The Seller’s acceptance of a bid deposit shall not constitute acceptance of a bid or offer. The Seller may, at its discretion, waive any minor irregularity in bids received and may reject any and all bids or portions thereof that it deems noncompliant with the bidding requirements.
RESERVE – The Seller reserves the right to establish a minimum reserve price it is willing to accept for any item to be auctioned. The Seller is not required to disclose this amount and reserves the right to withdraw property at any time prior to acceptance of an offer.
FINANCING – The Buyer is responsible for obtaining any financing. The Seller offers no financing and recommends that participants research and obtain financing prior to the auction. Failure to obtain financing does not excuse the Buyer from completing the sale. PAYMENT – A Buyer shall pay the price, less the deposit, through wire transfer, in
cash, or by money order, cashier’s check, or traveler’s check payable to the Auctioneer. A personal or company check with an original verified, irrevocable bank letter of guarantee addressed to the auctioneer, will be accepted if presented to the Auctioneer prior to the auction. Credit cards (Visa, MasterCard, American Express) up to a $2,500 purchase price will be accepted. All payments shall be in U.S. currency and drawn on U.S. banks. A Buyer shall have 72 hours from written notice of acceptance by the Seller of the offer to make payment in full.
DEFAULT – In the event the Buyer fails to complete the transaction, the bid deposit and any payment shall be retained by the Seller as liquidated damages and all right, title, and interest in the property and the property itself shall revert to the United States without further notice to the Buyer.
REMOVAL – The Buyer must remove the property purchased from the storage premises at a time mutually arranged by the Auctioneer, but in any event not more than five (5) days after acceptance of the offer by Seller. Seller is not obligated to offer other storage arrangements to Buyer and will consider such requests on a case by case basis. Any purchases not removed within five (5) days after acceptance of the offer by Seller, or for which other arrangements have not been made, shall be deemed to have been abandoned by the Buyer to the Seller who will assume all right, title, and interest in the asset.
PROPERTY TITLING – Sales tax shall not be assessed or collected. The Government shall serve as the signatory authority on registration transfer documentation. Any fees relating to the registration or recording are the sole responsibility of the Buyer.
APPLICABLE LAW – The interpretation of all contracts arising from the auctions will be governed according to federal law. In the event that federal law is silent or inapplicable, and as federal law permits, for Internet auctions, the law of the state where the items auctioned are located will apply. In no event shall the conflict of laws principles of any state’s law be given effect.
VALUE AND CONDITION – Buyers are responsible for conducting their own due diligence to determine value of the assets on which they bid. There shall be no opportunity to preview an item in person. The purchase of property by a Buyer will not be canceled due to any Buyer’s misunderstanding, or unilateral error. If any appraisals or brochures, catalogs, and/or suggested weights or values are made available for any property, the United States disclaims the accuracy and content of such statements and/or documents except as an approximation and/or as the work of a third party.
CONDITION, DESCRIPTION, AND REPRESENTATIONS – The Seller offers the property for sale in "AS IS/WHERE IS" CONDITION AT THE TIME OF SALE, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE, KNOWN OR UNKNOWN, with no representations, warranties, or guarantees whatsoever, express or implied, regarding their nature, value, source, authenticity, fitness, merchantability, and/or any other aspect or characteristics of the property. No statement anywhere, whether express or implied, shall be deemed a warranty or representation by the Seller regarding the property. The Buyer of the property agrees that he/she cannot rely on any representation, warranty, or guaranty made by the Seller or anyone acting as agent of the Seller, orally or in writing, about the property.
DOCUMENTATION OF AUCTION – The Seller reserves the right to record the online auction. HOLD HARMLESS – Participants, spectators, and Buyers at the auction agree to release and hold harmless the United States, its agencies, officers, employees, agents, and/or contractors from any and all demands, rights, and causes of action arising from, or to arise from, or by reason of, participation in the on‐line auction, and removal of property from its storage location, except for willful conduct and/or gross negligence, as permitted under applicable law. Buyers agree to release and hold harmless the United States, its agencies, officers, employees, agents, and/or contractors from any and all demands, rights, and causes of action arising from, or to arise from, or by reason of, the seizure, forfeiture, ownership, possession, management, use, sale, and/or transfer of the property.
DEFENDANTS AND OTHER PROHIBITED BUYERS – The following persons are prohibited from purchasing property forfeited through the U.S. Department of Justice Asset Forfeiture Program and are also, therefore, barred from placing bids to buy such property:
1. U.S. Department of Justice employees, including U.S. Marshals Service employees, except as further restricted below;
2. Employees of the Asset Forfeiture Division, U.S. Marshals Service, and other U.S. Marshals Service employees directly involved with the Asset Forfeiture Program, and their immediate family members, defined as any persons residing in the same household as the employee, whether or not related by blood or marriage; spouses; parents; parents‐in‐law; grandparents; siblings; aunts and uncles; first cousins; and all their spouses;
3. Employees of any state or local governmental agency who, directly or indirectly, perform duties associated with the seizure and forfeiture of property by the U.S. Department of Justice, and/or which participates in the U.S. Department of Justice Equitable Sharing Program;
4. Contractors, sub‐contractors and the employees of contractors and sub‐contractors of the Asset Forfeiture Division, U.S. Marshals Service, who provide contract/management services for personal and real properties and complex assets;
5. Anyone whose conduct gave rise to the criminal indictment in the case of United States v. Rita A. Crundwell, Case No. 12‐CR‐50027 (N.D. Ill.) and/or the civil forfeiture action of United States of America v. Have Faith in Money, a quarter horse et al, Case No. 12 CV 50153 (N.D. Ill.) (hereinafter referred to as “cases”);
6. Anyone convicted of the criminal conduct underlying the forfeiture of the property in the case of United States v. Rita A. Crundwell, Case No. 12‐CR‐50027 (N.D. Ill.); and, 7. Anyone acting in concert with or on behalf of any of the above persons. Special circumstances may rebut the presumption, i.e., supersede the above determination, that someone is or is not a prohibited purchaser in one or more of the above categories. For a determination of whether a particular person is a prohibited purchaser, contact Chief Inspector Jason Wojdylo at firstname.lastname@example.org at least five days before the on‐line auction closes.