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Plaintiff,
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v.
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STIPULATED MOTION TO
MODIFY CONDITIONS OF
DEFENDANT CHRISTOPHER
MROWCA'S BOND
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I. Stipulated Motion
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The United States of America and Defendant Christopher Mrowca hereby request that the
Court enter an order modifying the conditions of Mrowca's Appearance Bond (Dkt. # 18).
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On August 14, 2014, the Court entered an Appearance Bond setting forth the conditions
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of Mrowca's release; one such condition is an Agreement to Forfeit Property: Lookout Inn
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Guesthouse & Suites (the Inn) located at 6901 Lookout Road, Boulder, CO 80301 (Dkt. # 18).
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Mrowca's release from jail, Mrowca's parents (Jacek and Halina Mrowca) 1 executed the
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Agreement to Forfeit Property (Dkt. # 18).
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On February 12, 2015, Mrowca pleaded guilty to one count of Conspiracy to Commit
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Securities Fraud (Dkt. # 64), and on June 5, 2015, the Court sentenced him to a term of 36
months imprisonment. Mrowca will surrender for service of his sentence on a date to be
determined by Probation or Pretrial Services (Dkt. # 111). Mrowca has adhered to the conditions
Jacek and Halina Mrowca would like to sell the Inn, the property which is currently used
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as surety for their sons bond and continued release. In fact, the couple have located buyers with
an anticipated closing date of July 2, 2015, which will proceed as planned if the Court grants this
stipulated motion.
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In order to allow Jacek and Halina Mrowca to sell their property, the parties
request that the Court modify the conditions of the Appearance Bond and allow the proceeds
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from the sale of the Inn to be used as the surety. The proceeds of the sale of the Inn, in an
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amount not less than $500,000.00, will be held in a Like-Kind Exchange Under IRC Code
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Section 1031. 2
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In addition, Jacek and Halina Mrowca have signed a Personal Surety for $500,000.00
cash. See Personal Surety attached as Exhibit A. The proceeds of the sale of the Inn
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($500,000.00) constitute an amount equal to the current surety of the Inn itself.
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Gains from the sale of business or investment property are taxable and generally due at time of sale. IRC Section
1031 provides an exception and taxes are not due if the gains are reinvested in a similar property as part of a
qualifying like-kind exchange. A gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred. See
http://www.irs.gov/uac/Like-Kind-Exchanges-Under-IRC-Code-Section-1031
STIPULATED MOTION AND ORDER - 2
NO. CR 14 5348 RBL
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ANNETTE L. HAYES
United States Attorney
s/ Robert G. Chadwell
s/ Thomas M. Brennan
Robert G. Chadwell, WSBA No. 22683
Thomas M. Brennan, WSBA No. 30662
Attorneys for Christopher Mrowca
600 University Street, Suite 1601
Seattle, WA 98101-4124
Telephone: (206) 233-2800
Facsimile: (206) 233-2809
E-mail: rgc1@mckay-chadwell.com
tmb@mckay-chadwell.com
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STIPULATED MOTION AND ORDER - 3
NO. CR 14 5348 RBL
II. Order
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The Court has considered the foregoing stipulated motion related to the conditions of the
August 14, 2014 Appearance Bond (Dkt. # 18) of defendant Christopher Mrowca and hereby
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orders that the Appearance Bond (Dkt. 18) shall be modified as follows:
The Agreement to Forfeit Property: Lookout Inn Guesthouse & Suites (Inn), located at
6901 Lookout Road, Boulder, CO 80301, shall be replaced with the Personal Surety executed
by Jacek and Halina Mrowca in the amount of $500,000.00, attached to this Order, which
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constitutes the proceeds of the sale of the Inn and which shall be held in an IRC Code Section
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United States District Judge Ronald B. Leighton
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STIPULATED MOTION AND ORDER - 4
NO. CR 14 5348 RBL
Exhibit A
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CERTIFICATE OF SERVICE
I hereby certify that on June 15, 2015, I electronically filed Stipulated Motion to Modify
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Conditions of Defendant Christopher Mrowcas Bond using the CM/ECF system, which will
send notification of such filing to all registered parties on this case, listed below:
Robert G Chadwell
rgc1@mckay-chadwell.com
Katheryn.K.Frierson@usdoj.gov
Casey M Arbenz
casey@hesterlawgroup.com
justin.arnold@usdoj.gov
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Celia Howes
chowes@hoevet-boise.com
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Richard J Troberman
tmanlaw@aol.com
Ronald H Hoevet
rhoevet@hoevet-boise.com
tmb@mckay-chadwell.com
Matthew H Thomas
matthew.h.thomas@usdoj.gov
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s/ Samantha N. Cayabyab
Samantha N. Cayabyab
Legal Assistant
McKay Chadwell, PLLC
600 University Street, Suite 1601
Seattle, WA 98101
Phone: (206) 233-2800
Facsimile: (206) 233-2809
E-mail: snc@mckay-chadwell.com
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CERTIFICATE OF SERVICE - 1
No. CR14-5348RBL