HICKORY, NC – The wife of former Foothills Regional Airport Manager and convicted embezzler Alex Nelson says she had no idea of her husband’s criminal activity and should have use of property seized until a final determination by the court.
In a response to the federal government’s motion to dismiss her claims to property seized when FBI agents raided the airport in June, Tammy Nelson says there is no connection between her husband’s criminal activity and the property she’s requesting be returned to her. The response asks the court to deny the government’s motion to dismiss her claim.
According to her petition filed in U.S. District Court in February, Tammy S. Nelson claims she solely bought and paid for a Ford Expedition, Chevrolet Corvette, Sun Tracker pontoon boat, the installation of a swimming pool at the home — 4640 Celia Creek Road, which agents also seized — and improvements made to the home, not her husband.
Tammy Nelson said in the document she and Alex had been married a year when she made the purchases and they still had separate accounts. She claims bank records show what account was used to make the purchases. The money used for the purchases and improvements were from her wages, severance package, investment accounts and a 401K retirement fund.
Alex Nelson and former airport operations manager Brad Adkins pleaded guilty in federal court in Asheville on Sept. 14 to embezzling and conspiracy. Alex Nelson also pleaded guilty to money laundering. The two men have not been sentenced in the case and federal officials say an investigation into the matter continues.
In response to the government’s motion to dismiss dated Tuesday, Tammy Nelson’s Attorney Corey B. Atkins in Asheville cites case laws and argues the government hasn’t met its burden to show the connection between the seized property and Alex Nelson’s criminal activity.
The response says the state will have to amend its forfeiture order if Tammy Nelson can show she has a right, title or interest and more of an interest than Alex Nelson in the property the government seized as part of its investigation of her husband.
Tammy Nelson signed the checks that paid for the items seized, the response says.
On Sept. 24, Judge Dennis Howell entered a consent order and judgment of forfeiture that allowed Alex Nelson to sign away any rights he had to the seized property and gave an opportunity for him to admit the property was from his criminal activity. The response argues that Alex Nelson signing away rights to the property is not a substitute for his spouse or any other interested party.
It goes on to say the most convincing evidence the government has linking the property to Alex Nelson’s criminal activity is his own admission in his plea agreement. The response says Tammy Nelson was an innocent owner who had no knowledge of her husband’s criminal activity.
In addition, the response tells the court it can immediately release the property to Tammy Nelson due to several factors, including her ties to the community through her jobs as a school teacher in Lenoir, as well as her children’s enrollment in the same school. It says she intends to stay in the area and argues not having the vehicles has been a hardship, causing her to have to borrow vehicles. It goes on to say the Celia Creek property is the primary residence for her and her children and to deprive her of the property would put her family in a dire situation.
Tammy Nelson’s response concludes by requesting the court determine her rightful ownership in the seized property, her rights as an innocent owner and that all of the property be returned to her pending the outcome of the procedures.
The government’s motion to dismiss her claim says Tammy Nelson either admits or doesn’t refute the properties were already titled solely to her husband prior to their marriage or the properties were bought during the marriage but intentionally titled solely to him so she could evade alimony obligations of a previous marriage and debtors. Besides, the feds motion says, she hasn’t established her entitlement to legal ownership of the forfeited assets in the case, which are all titled solely to her husband. It says her “spousal interest” in the properties is not a sufficient interest.
Tammy Nelson’s name is not on the deed to the house, neither is she listed on any documents for the pontoon boat, the Ford or Corvette, the government’s motion to dismiss her claim says.
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