United States of America v. Real property located at 149 G Street, Lincoln, California, Placer County, APN: 008-266-015-000 et al

Filing 153

ORDER signed by District Judge Troy L. Nunley on 4/18/2017 APPOINTING Robert Greeley as successor receiver to manage and liquidate the properties forfeited from Bart Volen in place of Dave Flemmer. (Washington, S)

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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA

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Plaintiff,

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2:12-CV-00705-TLN-DB
REQUEST TO APPOINT SUCCESSOR
RECEIVER; ORDER

v.
REAL PROPERTY LOCATED AT 149 G
STREET, LINCOLN, CALIFORNIA, PLACER
COUNTY, APN: 008-266-015-000, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO, et al.,

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Defendants.

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I.

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INTRODUCTION

This Court previously appointed Dave Flemmer as a receiver to manage and liquidate several

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21 real properties forfeited by Bart Volen based on their connection to Volen’s fraud against the United
22 Auburn Indian Community (UAIC). See ECF No. 151. Mr. Flemmer successfully sold several of the
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23 forfeited properties, but two properties have yet to be resolved. As more fully explained in another

24 case in this district where Mr. Flemmer served as a trustee involving funds held in constructive trust,
25 (United States v. Wilson, Case 2:08-CR-00114), Mr. Flemmer suddenly passed away three weeks ago.
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The unsold properties are: (1) 149 G Street, Lincoln, California, APN: 008-266-015-000, and (2) 1199
Pacific Highway, Unit 406, San Diego, California, APN: 533-471-12-27.
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Request for Appointment of Successor Receiver;
Order

1 In Wilson, this Court appointed Robert C. Greeley, an experienced bankruptcy receiver with an
2 accounting background, as successor trustee to Mr. Flemmer and Mr. Greeley will complete the
3 disbursement of funds held in constructive trust to victims. See ECF No. 325 (Wilson). The United
4 States similarly seeks the appointment of Mr. Greeley as successor receiver to Mr. Flemmer in this case
5 so that Mr. Greeley can manage and liquidate the remaining properties forfeited from Bart Volen.
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This forfeiture case was resolved pursuant to a stipulation between the parties, which Bart

7 Volen executed as part of his plea agreement in the companion criminal case, United States v. Bart
8 Volen, et al., 2:12-CR-00294-TLN.
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II. REQUEST

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The United States seeks to continue Mr. Flemmer’s scope of appointment for Mr. Greeley’s

11 successor role. On October 18, 2016, this Court entered the final judgment of forfeiture and ordered
12 that “the Receiver shall be authorized to do the following regarding the defendant properties”:
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a.

Consult and coordinate with existing tenants, accept rental
payments, and enter into leasehold agreements for continued
tenancy;

b.

Coordinate and hire vendors to provide maintenance, common
area upkeep, and yard maintenance;

c.

Interview prospective
agreements;

d.

Consult and coordinate with county tax officials and any local
entities regarding applicable property taxes, levies, penalties, or
HOA dues;

e.

Coordinate and obtain any insurance required to preserve the
value of the real properties, to include general liability and rental
insurance;

f.

Order appraisals, consult with valuation professionals, and take
other necessary and reasonable steps to properly value the real
properties. The Receiver and the appraiser may have access to the
defendant properties and structures, buildings, or storage sheds
thereon upon 24 hours’ telephonic notice;

g.

List the defendant properties for sale and have the sole authority
to select the means of sale, including sale by internet or through a
licensed real estate broker, and have the sole authority over the
marketing and sale of the defendant properties; and

h.

The Receiver and/or the IRS shall deduct their costs incurred to
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tenants

and

enter

into

leasehold

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Request for Appointment of Successor Receiver;
Order

date of close of escrow, including the cost of posting, service,
advertising, and maintenance from the net proceeds after payment
of the costs associated with selling each property, unpaid property
taxes, and any liens or judgments owed prior to recording of Lis
Pendens.
The United States may pay any such lien or
encumbrance at its sole discretion.

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ECF No, 151.
The United States seeks the same powers for Mr Greeley in the instant case, with one
expansion: the United States seeks to expand the scope of Mr. Greeley’s appointment to permit access
to the bank accounts Mr. Flemmer used in connection with the management and sale of the properties
forfeited from Volen. The United States Attorney’s Office understands that access is currently blocked
and a court order will facilitate the unblocking of the account.
Mr. Greeley’s resume and representative matters are attached as Exhibit A.

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Dated: 4/7/17

PHILLIP A. TALBERT
United States Attorney

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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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ORDER
Mr. Robert Greeley is HEREBY APPOINTED as successor receiver to manage and liquidate
the properties forfeited from Bart Volen.

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a.

Consult and coordinate with existing tenants, accept rental
payments, and enter into leasehold agreements for continued
tenancy;

b.

Coordinate and hire vendors to provide maintenance, common
area upkeep, and yard maintenance;

c.

Interview prospective
agreements;

d.

Consult and coordinate with county tax officials and any local
entities regarding applicable property taxes, levies, penalties, or
HOA dues;

e.

Coordinate and obtain any insurance required to preserve the
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tenants

and

enter

into

leasehold

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30

Request for Appointment of Successor Receiver;
Order

value of the real properties, to include general liability and rental
insurance;

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f.

Order appraisals, consult with valuation professionals, and take
other necessary and reasonable steps to properly value the real
properties. The Receiver and the appraiser may have access to the
defendant properties and structures, buildings, or storage sheds
thereon upon 24 hours’ telephonic notice;

g.

List the defendant properties for sale and have the sole authority
to select the means of sale, including sale by internet or through a
licensed real estate broker, and have the sole authority over the
marketing and sale of the defendant properties; and

h.

The Receiver and/or the IRS shall deduct their costs incurred to
date of close of escrow, including the cost of posting, service,
advertising, and maintenance from the net proceeds after payment
of the costs associated with selling each property, unpaid property
taxes, and any liens or judgments owed prior to recording of Lis
Pendens.
The United States may pay any such lien or
encumbrance at its sole discretion.

i.

The Receiver shall have access to the trust accounts used by
Receiver David Flemmer to manage and liquidate the properties
forfeited from Bart Volen, as set forth in the Final Order of
Forfeiture dated October 18, 2016.

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SO ORDERED THIS 18th day of April, 2017.

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Troy L. Nunley
United States District Judge

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Request for Appointment of Successor Receiver;
Order