United States of America v. Real Property Located at 2040 Solano Way, Oakland, CA et. al.

Filing 42

ORDER signed by District Judge Garland E. Burrell, Jr on 7/17/18: The deadline to file a Joint Status Report currently due on July 26, 2018 is extended to September 27, 2018. (Kaminski, H)

Download PDF
5 McGREGOR W. SCOTT United States Attorney MATTHEW M. YELOVICH MIRIAM R. HINMAN KEVIN C. KHASIGIAN Assistant U. S. Attorneys 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 6 Attorneys for the United States 1 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 2:18-CV-00305-GEB-DB Plaintiff, v. REQUEST TO EXTEND DEADLINE TO FILE A JOINT STATUS REPORT YANIV GOHAR, Defendant, REAL PROPERTY LOCATED AT 2040 SOLANO WAY, OAKLAND, CALIFORNIA, ALAMEDA COUNTY, APN: 020-0109-006-3, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 925 EAST 11TH STREET, OAKLAND, CALIFORNIA, ALAMEDA COUNTY, APN: 019-0017-003, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 832-836 7TH AVENUE, OAKLAND, CALIFORNIA, ALAMEDA COUNTY, APN: 019-0011-016, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 23 24 2013 MASTERCRAFT X-STAR WAKEBOARD BOAT, VIN: MBCSLDD0K213, CALIFORNIA VESSEL NUMBER: CF 4080 RV, 25 26 27 28 29 30 APPROXIMATELY $7,129.51 SEIZED FROM JP MORGAN CHASE, ACCOUNT NUMBER 819151536, APPROXIMATELY $12,218.09 SEIZED FROM JP MORGAN CHASE, ACCOUNT NUMBER 928009591, and 1 Request to Extend Deadline to File a Joint Status Report 1 APPROXIMATELY $7,286.14 SEIZED FROM JP MORGAN CHASE, ACCOUNT NUMBER 3367633756, 2 Defendants-In Rem. 3 The United States and claimants Northpointe Bank, Velocity Commercial Capital LLC, and 4 5 Cenlar FSB submit the following Request to Extend the Deadline to file a Joint Status Report from July 6 26, 2018 to September 27, 2018. No other party has appeared in this action. 7 Introduction 8 This case involves a criminal defendant that chose to flee this jurisdiction to avoid criminal 9 prosecution for his gambling crimes. As set forth in the Verified Complaint, the defendant assets were 10 purchased by this individual with criminal proceeds and are therefore subject to forfeiture to the United 11 States. ECF No. 1, 4. The United States has defaulted the defendant in this civil case, ECF No. 20, and 12 subsequently moved to sell the properties to preserve equity for forfeiture. See ECF No. 24. This Court 13 granted the motion and the U.S. Marshals are currently in the process of selling the properties. On February 8, 2018, the United States filed a civil forfeiture complaint in rem against the above- 14 15 captioned assets (“defendant assets”), based on their involvement in violations of federal gambling laws. 16 All known potential claimants to the defendant property were served in a manner consistent with 1 17 Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable statutory authority. 18 Additionally, public notice on the official internet government forfeiture site, www.forfeiture.gov, began 19 on March 21, 2018, and ran for thirty consecutive days, as required by Rule G(4)(a)(iv)(C) of 20 Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. A Declaration of 21 Publication was filed on May 2, 2018. ECF No. 16. 22 Good Cause 23 The United States has diligently pursued its forfeiture case against the defendant assets and 24 noticed all known potential claimants as required by the Supplemental Rules governing forfeiture cases. 25 On March 16, 2018, Northpointe Bank filed a claim in the forfeiture action alleging a loan interest in the 26 1 The primary potential claimant, Yaniv Gohar, was criminally indicted in the Eastern District of California for violating federal gambling laws, United States v. Yaniv Gohar, et al., Case 2:17-CR27 00232-GEB. He has since fled the jurisdiction. However, the United States has noticed his legal 28 representation consistent with the authorities on notice. 2 Request to Extend Deadline to File a Joint Status Report 29 30 th 1 defendant property located at 925 East 11 Avenue. ECF No. 13. The Bank filed an answer on April 5, 2 2018. ECF No. 15. On May 14, 2018, Velocity Commercial Capital LLC filed a claim in the forfeiture 3 action alleging a loan interest in the defendant property located at 2040 Solano Way. ECF No. 23. On 4 June 8, 2018, Cenlar FSB filed a claim in the forfeiture action alleging a loan interest in the defendant th 5 property located at 832-836 7 Avenue. ECF No. 26. Cenlar FSB filed an answer on June 14, 2018. 6 ECF No. 29. No other party has entered this case claiming an interest in the defendant assets. As explained briefly above, this case presents the unique circumstance of the primary potential 7 8 claimant, Yaniv Gohar, having fled this jurisdiction to avoid criminal prosecution. See United States v. 9 Yaniv Gohar, et al., Case 2:17-CR-00232-GEB. The United States has obtained Clerk’s Defaults against 10 Yaniv Gohar, Eran Berkovich (registered owner of the Mastercraft boat) and United Home SF, Inc. (Mr. 11 Gohar’s company which holds an interest in some of the defendant assets). On June 15, 2018, an Order 12 Granting the United States Motion for Interlocutory Sale of the Real Properties was entered and the 13 defendant real properties are in the process of being sold by the United States Marshals Service. The United States has filed a motion for default judgment and final judgment of forfeiture against 14 15 all potential claimants that have not filed claims to this action. See ECF No. 40. If granted, the motion 16 would close the case. Accordingly, there is good cause to extend the deadline to file a joint status report in this case 17 18 from July 26, 2018 to September 27, 2018, or to a date the Court deems appropriate. 19 20 Dated: 7/16/2018 McGREGOR W. SCOTT United States Attorney /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney Dated: 7/16/2018 /s/ Andrew A. Bassak ANDREW A. BASSAK Attorney for claimant Northpointe Bank 26 Dated: 7/16/2018 /s/ John P. Ward KEITH A. ATTLESEY JOHN P. WARD Attorneys for claimant Velocity Commercial Capital LLC 21 22 23 24 25 27 28 29 30 3 Request to Extend Deadline to File a Joint Status Report 1 Dated: 7/16/2018 2 /s/ Jillian A. Benbow JILLIAN A. BENBOW Attorney for claimant Cenlar FSB 3 ORDER 4 5 Pursuant to the United States’ request and good cause appearing, the Court makes the following 6 order: 7 The deadline to file a Joint Status Report currently due on July 26, 2018 is extended to September 8 27, 2018. 9 IT IS SO ORDERED. 10 Dated: July 17, 2018 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 4 Request to Extend Deadline to File a Joint Status Report

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?