Government asks judge in Vick case to freeze $1 million
By Gary Mihoces, USA TODAY
Joining others who have made financial claims against Michael Vick, federal prosecutors in Virginia filed a court motion Tuesday seeking to freeze more than $900,000 of the Atlanta Falcons quarterback's assets to assure he can make restitution for the care and disposition of pit bulls seized in a dogfighting case that has put him in jail.
The action by the U.S. attorney's office in Richmond came one day after Vick voluntarily chose to enter prison in advance of his Dec. 10 sentencing by U.S. District Judge Henry E. Hudson.
As part of his August agreement to plead guilty to a one-count indictment alleging an interstate conspiracy to operate a dogfighting ring, Vick agreed to pay "restitution for the full amount of the costs associated with the disposition" of about 54 pit bulls seized last April at Bad Newz Kennels in Surry County, Va.
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"Because Vick will likely owe approximately $928,073.04 as restitution, the government moves ? to restrain that amount to assure payment of his obligations in this case," said the motion by prosecutors.
The motion cited multiple legal actions that have been taken seeking money payments from Vick.
"While the government is not familiar with the merits of these pending matters, the fact that these lawsuits and arbitration proceedings have been filed suggest that demands for payment by Vick have gone unheeded," the motion said.
Matters noted in the motion:
? An arbitrator has ruled the Falcons can recover $19.97 million in contract bonuses from Vick, a ruling currently under appeal.
? Wachovia Bank has filed a federal suit alleging Vick defaulted on a $1.3 million loan for a wine store.
? The Royal Bank of Canada has filed a federal suit against Vick seeking payment for default on a $2.5 million line of credit.
? 1st Source Bank of South Bend, Ind., has filed a federal suit against Vick seeking to recoup $2 million in loans related to a car rental business.
"In addition, published reports also indicated that Vick is in the process of selling assets, specifically a suburban Atlanta home listed at $4.5 million," the motion said.
Lawrence Woodward, one of Vick's attorneys, filed a court answer Tuesday to the complaint by Royal Bank of Canada. It said Vick "denies that he is indebted to the plaintiff in any amount."
The government said the seized pit bulls have been evaluated by American Society for the Prevention of Cruelty to Animals and other groups.
Vick's plea agreement said he would make restitution for "all costs associated with the care of the dogs involved ? including if necessary, the long-term care and/or human euthanasia of some or all of those animals as may be directed by the court."
The motion said the evaluation of the dogs "remains ongoing" and that a "significant number of these pit bulls may be eligible for adoption and placement in sanctuaries."
It said the $928,073.04 cost is a "current estimate" and that the government remains in the process of "working out the particulars of how the restitution funds will be disbursed to the entities responsible."
Vick faces a maximum possible sentence of five years in prison. His plea agreement included a recommended sentencing guideline of 12-18 months in prison. The judge will have the final say.
After surrendering to U.S. marshals in Richmond on Monday, Vick was taken to a regional jail to await sentencing. His time served will count against whatever sentence he receives on Dec. 10.
Vick has three co-defendants who also await sentencing after pleading guilty in the federal case. All four defendants also face state charges in the dog fighting case.