United States of America v. Real Property Located in Tujunga, California

Filing 36

CONSENT JUDGMENT OF FORFEITURE by Judge Dale S. Fischer. Related to: Stipulation for Order 35 . ( MD JS-6. Case Terminated ) (SEE JUDGMENT FOR SPECIFICS) (bp)

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JS 6

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
UNITED STATES OF AMERICA,

No. CV-15-03463-DSF (PLAx)

Plaintiff,
CONSENT JUDGMENT OF FORFEITURE

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v.
REAL PROPERTY LOCATED IN
TUJUNGA, CALIFORNIA,

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Defendant.
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ALBERT GORE MANAGEMENT, LLC,

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Claimant.

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This action was filed on May 8, 2015.

Notice was given and

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published in accordance with law.

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LLC (“Claimant”) filed the only claim to the defendant real property

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located in Tujunga, California (the “defendant Tujunga property”),

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more particularly described below.

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or answers have been filed, and the time for filing such statements

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of interest and answers has expired.

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reached an agreement that is dispositive of the claim to the

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defendant Tujunga property.

Claimant Albert Gore Management,

No other statements of interest

Plaintiff and Claimant have

The parties have requested that the

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Court enter this Consent Judgment of Forfeiture.

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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A.

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U.S.C. §§ 1345 and 1355, and over the parties hereto.

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This Court has jurisdiction over this action pursuant to 28

B.

The Verified Complaint for Forfeiture states a claim for

relief pursuant to 18 U.S.C. § 981(a)(1)(A) and (C).

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C.

Notice of this action has been given in accordance with

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law.

All potential claimants to the defendant Tujunga property other

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than Claimant are deemed to have admitted the allegations of the

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Complaint.

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to establish a basis for forfeiture.

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D.

The allegations set out in the Complaint are sufficient

The United States of America shall have judgment as to

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Claimant’s interest in the defendant Tujunga property, and no other

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person or entity shall have any right, title or interest therein.

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The legal description of the defendant Tujunga property is:

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The real property in the City of Los Angeles, County of Los
Angeles, State of California, described as Lot 15 and 16 of
Tract No. 5852, in the City of Los Angeles, County of Los
Angeles, State of California, as per Map Recorded in Book
61 Page 67 of Maps in the Office of the County Recorder of
said county.

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APN # 2557-019-046 or 2557-019-012.
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E.

The defendant Tujunga property shall be sold for fair

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market value in accordance with the terms of this paragraph. The
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government shall cause the defendant Tujunga property to be listed on
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the Multiple Listing Service for 60 days at a price of $780,000.00,
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and the minimum acceptable purchase price shall be $770,000.00.

If

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the defendant Tujunga property does not sell within the first 60 days
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of the listing of the property, the list price shall be reduced to
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$770,000.00, and the minimum acceptable purchase price shall be
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$760,000.00.

If the property has not sold within the first 90 days

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of the listing of the property, the listing price shall be reduced to

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an amount to be determined in the sole discretion of the government

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and/or its contractors, and the government shall be allowed to set,

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at its sole discretion, the acceptable purchase price.

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during the first 90 days of listing the property on the Multiple

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Listing Service, the parties, by mutual written agreement, may change

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the listing price and/or the minimum purchase price of the property.

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The proceeds of the sale of the defendant Tujunga property shall be

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distributed as follows:

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a.

At any point

First, payment of all outstanding real property taxes

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owed to the Los Angeles County Tax Collector calculated to the date

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of closing of escrow;

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b.

Second, payment of all costs of escrow and sale,

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including real estate sales commissions and applicable fees triggered

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by the sale of the defendant property;

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c.

Third, to the extent funds remain (the “net

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proceeds”), $680,000.00 shall be paid and forfeited to the United

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States of America, and no other right, title or interest shall exist

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therein.

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accordance with law; and

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The United States of America shall dispose of the funds in

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Fourth, any and all remaining proceeds shall be paid

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to Claimant, who shall provide payment instructions directly to the

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escrow company handling the sale of the defendant Tujunga property.

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F.

Claimant Albert Gore Management, LLC, may retain possession

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of the defendant Tujunga property until two weeks before escrow is

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scheduled to close.

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defendant Tujunga property, the United States Marshals Service

At the time that escrow opens on the sale of the

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(“USMS”) shall notify Claimant Albert Gore Management, LLC through

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its representative, Albert Nersisyan, and provide Claimant with

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notice of a date to vacate the premises.

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G.

While Claimant Albert Gore Management, LLC retains

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possession of the defendant Tujunga property, it will not take any

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action to negatively affect the marketability of the property, and

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will maintain it in substantially the same condition as it was on the

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date of the entry of this Judgment, including without limitation,

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maintenance of the front and backyard.

Claimant Albert Gore

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Management, LLC shall maintain appropriate policies of insurance on

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the defendant Tujunga property until it vacates the property,

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including policies covering potential liability for personal injury

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or property damage occurring on or around the defendant Tujunga

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property.

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property or permit the property to be used or occupied in any manner

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which would diminish the value of the property or invalidate any

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insurance policy on the property.

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H.

Claimant shall not commit waste of the defendant Tujunga

While Claimant Albert Gore Management, LLC remains in

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possession of the defendant Tujunga property, it shall grant the USMS

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and its contractors access to the defendant Tujunga property between

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the hours of 8:00 a.m. and 5:00 p.m. if it is provided with 24 hours

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notice through any of its representatives.

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phone or email and Claimant must provide at least three valid forms

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of contact.

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result in an adjustment of the payment in paragraph E(d) or the entry

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of an Order giving Plaintiff possession of the defendant Tujunga

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property.

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I.

Notice may be provided by

Any violations of the provisions of this paragraph may

If Claimant Albert Gore Management, LLC vacates the
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defendant Tujunga property in accordance with paragraph C, and for

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any reason escrow is cancelled, Claimant shall have no right to re-

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enter or re-take possession of the property.

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J.

Upon entry of this Consent Judgment of Forfeiture, the U.S.

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Marshals service shall release and return the 2011 Mercedes Benz

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Sprinter, VIN WDZPE8CD0B5562712 (17-FBI-002356) seized on or about

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March 28, 2017, to the registered owner of the seized vehicle, or to

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her designated agent.

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K.

Claimant Albert Gore Management, LLC has released the

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United States of America, its agencies, agents, and officers,

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including employees and agents of the Federal Bureau of

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Investigation, from any and all claims, actions or liabilities

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arising out of or related to this action, including, without

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limitation, any claim for attorney’s fees, costs or interest which

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may be asserted on behalf of Claimant Albert Gore Management, LLC

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and/or its members, shareholders or partners, whether pursuant to 28

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U.S.C. § 2465 or otherwise.

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intended as, nor should anything in this Consent Judgment be

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interpreted as an admission by Claimant Albert Gore Management, LLC

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of any liability or wrongdoing.

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L.

Nothing in this Consent Judgment is

The court finds that there was reasonable cause for the

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institution of these proceedings.

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as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

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This judgment shall be construed

6/15/17

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DATE

HONORABLE DALE S. FISCHER
UNITED STATES DISTRICT JUDGE

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SIGNATURE OF PARTIES ARE ON NEXT PAGE
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Approved as to form and content:

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Dated: June 12, 2017

SANDRA R. BROWN
Acting United States Attorney

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LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division

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STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/s/
JENNIFER M. RESNIK
Assistant United States Attorney

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

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Dated: June 9, 2017

KG Law, APC

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/s/
VAHE KHODZHAYAN, ESQ.

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Attorney for Claimant
ALBERT GORE MANAGEMENT, LLC

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Dated: June 9, 2017
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/s/
ALBERT GORE MANAGEMENT, LLC

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Claimant
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