Case 1:11-cv-01109-RB-KK Document 129-4 Filed 04/17/15 Page 1 of 6

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF NEW MEXICO
UNITED STATES OF AMERICA,
Plaintiff,
vs.
Real Property Located at 6600 and 6560 SE,
Deming, NM and 6545 El Portal Road SE,
Deming, NM, Including all Structures,
Appurtenance and Improvements Thereon,
Containing 85 Acres More or Less, Owned by
RICK REESE and TERRI REESE, ET AL.,
Defendants.

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Case No: 11 CV 1109 RB-KK

SETTLEMENT AGREEMENT AND RELEASE

The United States and Claimants Rick Reese and Terri Reese hereby agree as follows:
1.

Notice of this action has been provided to all persons or entities known to the

Government to have an interest in the defendants in rem, and by publication

2.

Claimants Rick Reese and Terri Reese agree that all right, title, and interest of

Claimants Rick Reese and Terri Reese in the following defendants in rem will be forfeited to
the United States pursuant to 18 U.S.C. 924(d), 981(a)(1)(A), and 984; 19 U.S.C.
1595a(d); 21 U.S.C. 881(a)(7); 22 U.S.C. 401; and 22 C.F.R. 127.6, and title is thereto
vested in the United States, free from the claims of all persons:
1. All firearms seized by agents of U.S. Immigration and Customs
Enforcement Homeland Security Investigations (ICE-HSI) in
August 2011 including those listed as defendants in rem and totaling
approximately 1,191 firearms, except the following nine firearms

EXHIBIT 4

Case 1:11-cv-01109-RB-KK Document 129-4 Filed 04/17/15 Page 2 of 6

which were previously released to their individual owners: (1) Rossi

45 Caliber Rifle SN 32472; (2) Bushmaster XM15 5.56 SN L448530;
(3) Ruger Carbine 44 SN 111831; (4) Browning A Bolt 300 SN
19410NN351; (5) Mossberg 930 12GA SN AF009514; (6) Remington
740, 30.06 SN 76935; (7) Ruger SR1911 45 SN 67005601; (8) Ruger
Redhawk 44 SN 503-46934; and (9) Rossi Circuit Judge 45 SN
EM2082;
2. All ammunition labeled with a code ending in 000-799 in Exhibit II.
3. All ammunition magazines that are defendants in rem and totaling
approximately 4,761 ammunition magazines;
4. $11,019 seized from Account *****1276 at First Savings Bank in the
name of Old Ironsides, LLC, D/B/A New Deal Shooting, plus any
accrued interest;
5. 80 canisters of ammunition powder;
6. Assorted body armor; and
7. One ammunition reloading bench.
3.

The United States agrees to release the following defendants in rem to Claimants

Rick Reese and Terri Reese, less any debt owed to the United States, any agency of the United
States, or any other debt which the United States is authorized to collect from Claimants:
1. Real property located at 6600 and 6560 Ventura Road SE, Deming,
New Mexico and 6545 El Portal Road SE, Deming, New Mexico,
including all structures, appurtenances, and improvements thereon,
containing 85 acres;

Case 1:11-cv-01109-RB-KK Document 129-4 Filed 04/17/15 Page 3 of 6

2. Approximately $117,823.09 in gold and silver coins;

3. $106,449 in U.S. Currency;
4. 2005 Dodge Ram 2500 VN: 3D7KS28CX5G863507;
5. 2005 Chevrolet Silverado 2500 VN: 1GCHK23245F964465;
6. 2006 Jeep Rubicon VN: 1J4FA64S26P732694;
7. 2008 Chevrolet Suburban VN: 1GNFK16338J216417; and
8. Seventeen gun safes.
4.

The United States agrees to release the following defendants in rem to one or

more federal firearms licensee (FFL) designated by Claimants with the concurrence of the
United States for sale to the public in compliance with all federal, state, and local laws:
1. All ammunition not specifically forfeited in Section 2., (2.) and (3.)
above, including but not limited to all ammunition labeled with a code
ending in 800-999 in Exhibit II ; and
2. 535 canisters of ammunition powder.
The proceeds from the sale of these defendants in rem, less any fees or other costs incurred by
the FFL, shall be released to Claimants Rick Reese and Terri Reese.
5.

The items being released to Claimants shall be in substantially the same condition

they were in when they were seized.

6.

The parties agree that neither the United States nor Claimants Rick Reese and

Terri Reese substantially prevailed in this litigation.

7.

The parties will bear their own costs and attorneys fees in this case.

8.

The United States shall dispose of the forfeited property in accordance with law.

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9.

The terms of the Settlement Agreement and Release constitute full settlement and

satisfaction of any and all claims by Claimants Rick Reese and Terri Reese in this civil action.
10.

Claimants Rick Reese and Terri Reese, on their own behalf and on behalf of their

company, Old Ironsides, LLC, dba New Deal Shooting Sports, release and forever discharge the
United States, including but not limited to the United States Department of Justice (DOJ),
ICEHSI, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and any state or
local law enforcement agency, and their agents and employees, acting in their individual or
official capacities, from any and all claims, rights or causes of action, damages, expenses and
costs, known or unknown, which they have or may have against these government agencies and
their employees and agents arising from, related to, or as a result of, any actions with respect to
the defendants in rem.
11.

Claimants Rick Reese and Terri Reese, on their own behalf and on behalf of their

company, Old Ironsides, LLC, doing business as New Deal Shooting Sports, shall hold harmless
the United States, including but not limited to the DOJ, ICE-HSI, ATF, and any state or local law
enforcement agency, and their agents and employees, acting in their individual or official
capacities, from any and all claims, rights or causes of action, damages, expenses and costs,
known or unknown, which they or any third parties, heirs, successors, agents, subrogees, or
assigns, have or may have against these government agencies and their employees and agents
arising from, related to, or as a result of, any actions with respect to the defendants in rem.
12.

Nothing in the releases set forth above shall be construed to apply to the property

seized that is not a defendant in rem.

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Respectfully submitted,
_ _
Robert J. Gorence
Gorence & Oliveros, P.C.
1305 Tijeras Avenue, NW
Albuquerque, NM 87102
Phone (505) 244-0214
gorence@golaw.us
Attorney for Claimant Rick Reese
and

Jason Bowles
Bowles Law Firm
P.O. Box 25186
Albuquerque, NM 87125
(505) 217-2680
jason@bowles-lawfirm.com
Attorney for Claimant Terri Reese

AGREED BY:
________________________________
RICK REESE
Claimant
________________________________
TERRI REESE
Claimant

APPROVED BY:
DAMON P. MARTINEZ
United States Attorney

STEPHEN R. KOTZ
Assistant U.S. Attorney
P.O. Box 607
Albuquerque, NM 87103-0607
(505) 346-7274

Case 1:11-cv-01109-RB-KK Document 129-4 Filed 04/17/15 Page 6 of 6

___________________________________
PAMELA J. HICKS
Deputy Chief
Asset Forfeiture and Money
Laundering Section
1400 New York Avenue N.W.
Washington, D.C. 20530
(202) 514-1263

____________________________________
KRISTEN M. WARDEN
Trial Attorney
Asset Forfeiture and Money
Laundering Section
1400 New York Avenue N.W.
Washington, D.C. 20530
(202) 598-2491