HomeMy WebLinkAbout98-267 RESOLUTION NO. 98- 267
A RESOLUTION OF TIlE MOItAVE COUNTY BOARD OF SUPERVISORS AUTHORIZING
EXECUTION OF A FORFEITURE SETTLEMENT AGREEMENT AND THE ACQUISITION AND
TRANSFER OF ~ PROCEEDS, PROPERTIES, AND ASSETS DESCRIBED TltEREIN.
~VItEREAS, in State of Arizona v. Michael Edward Daw, CR-97-212, Michael Edward Daw ("Daw"),
the former Mohave County Public Fiduciary, was convicted of crimes involving the theft of more than
$873,545.43 from his clients at the Mohave County Public Fiduciary's Office ("MCPFO"); and
WHEREAS, Mohave County has assumed 1/ability for the thefts by Daw from clients of the MCPFO
and agreed to reimburse the victim~ and, therefore, Mohave County is a victim of Daw and entitled to receive
any restitution paid by him in State of Arizona v. Michael Edward Daw, CR-97-212; and
WHEREAS, Mohave County also is entitled to all assets Daw purchased with money he stole from
clients of the MCPFO and intends to seek to recover those assets through forfeiture proceedings if the Forfeiture
Settlement Agreement is not fully executed and performed; and
WHEREAS, Margaret Daw, wife of Daw, individually, Margaret Daw, as Trustee of the Michael
Edward Daw and Margaret Daw Revocable Trust, dated May 24, 1994 ("Margaret Daw, as Trustee of the
Daw Trust"), and/or the Michael Edward Daw and Margaret Daw Revocable Trust, dated May 24, 1994, (the
"Daw Trust") may claim some right, title, and/or interest in property and assets, including, but not limited to
real properties, acquired by Daw individually and/or through the Daw Trust; and
WlCI2EREAS, Margaret Daw, Margaret Daw, as Trustee of the Daw Trust, the Daw Trust, and Mohave
County mutually desire to transfer to Mohave County all property and assets acquired by Daw with money
stolen from clients of the MCPFO, while at the same time recogrfizing legal interests Margaret Daw may have
in assets acquired by her prior to her marriage to Daw or during her marriage to Daw with funds earned through
her own employment or through Daw's employment; and
WltEREAS, the Mohave County Board of Supervisors has determined that it would not be cost
effective for Mohave County to take ownership and possession of and attempt to sell the four Real Properties
identified in paragraphs C(1)(a)(i) through (iv) of the attached Forfeiture Settlement Agreement (the "Real
Properties"), due to the significant amounts of encumbrances and liens against those Real Properties, but that it
would not be fair for Daw, Margaret Daw, Margaret Daw, as the Trustee of the Daw Trust, the Daw Trust,
and/or Michael E. Daw, Jr., to realize or obtain any gain, profit, or proceeds fi'om the sale or other disposal of
the Real Properties (the "Proceeds"); and
'~VItEREAS, A.R.S. § 13-2314 authorizes the County Attomey to file a forfeiture action to obtain
proceeds of racketeering offenses, such as those committed by Daw; and
WHEREAS, A.R.S. § 11-251(14) authorizes the Mohave County Board of Supervisors to direct,
ontrol, and compromise any actions to which the County is a party; and
WHEREAS, the Mohave County Board of Supervisors finds that the public interest and welfare will be
furthered by the action taken hereby;
NOW, THEREFORE, BE IT RESOLVED THAT the Mohave County Board of Supervisors hereby
approves and authorizes the attached Forfeiture Settlement Agreement and the acquisition and transfer of the
Proceeds, properties, and assets described therein.
BE IT FURTHER RESOLVED THAT anyone of the following persons are authorized:
(1) to sign on behalf of Mohave County the Forfeiture Settlement Agreement and any other documents
necessary to conclude the settlement and acquisition and transfer of the Proceeds, properties, and assets
described therein, including, but not limited to, documents required by a title and/or escrow company; and (2) to
take such other and farther actions as are necessary to conclude the settlement and the acquisition and transfer of
the Proceeds, properties, and assets described in the Forfeiture Settlement Agreement:
(a) James R. Zaborsky, Chai/-man of the Mohave County Board of Supervisors; and
0o) Paul E. McIntosh, Mohave County Manager.
PASSED, APPROVED AND ADOPTED this ~ day of (~ ~ · ~, s , i998. CF'
MOHAVE COUNTY, ARIZONA, A POLITICAL SUBDMSION
OF THE STATE OF ARIZONA, BY AND TH2KOUGH THE
MOHAVE COUNTY BOARD OF SUPERVISORS
By: ~
Mohave C~fS~
APPROVED AS TO FORUM:
WILLIAM J. EKSTROM, JR.
MOHAVE COUNTY ATTORNEY
By: Deborah L. Herbert,
Chief Civil Deputy County Attorney
~ for Mohave County