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

Filing 43

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 07/30/18 RECOMMENDING that Yaniv Gohar, Eran Berkovich and United Home SF, Inc. be held in default; that the 40 Ex Parte Motion for Default Judgment be granted and that judgm ent by default be entered against any right, title, or interest of potential claimants Yaniv Gohar, Eran Berkovich and United Home SF, Inc. in the defendant assets referenced in this case; that a final judgment be entered, forfeiting all right, tit le, and interest in the defendant assets to the United States, to be disposed of according to law; and that the Default Judgment and Final Judgment of Forfeiture lodged be signed by the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court. (Benson, A.)

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McGREGOR W. SCOTT
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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No. 2:18-cv-0305 GEB DB

Plaintiff,
FINDINGS AND
RECOMMENDATIONS

v.
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,
2013 MASTERCRAFT X-STAR
WAKEBOARD BOAT, VIN:
MBCSLDD0K213, CALIFORNIA VESSEL
NUMBER: CF 4080 RV,

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Findings and Recommendations

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APPROXIMATELY $7,129.51 SEIZED
FROM JP MORGAN CHASE, ACCOUNT
NUMBER 819151536,

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APPROXIMATELY $12,218.09 SEIZED
FROM JP MORGAN CHASE, ACCOUNT
NUMBER 928009591, and

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APPROXIMATELY $7,286.14 SEIZED
FROM JP MORGAN CHASE, ACCOUNT
NUMBER 3367633756,

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Defendants-In Rem.
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This matter came before the Honorable Deborah Barnes on the United States’ ex parte motion

9 for default judgment. There was no appearance by or on behalf of any other person or entity claiming
10 an interest in the above-captioned defendant currency to oppose the United States’ motion. Based on
11 the United States’ motion and the files and records of the court, THE COURT FINDS as follows:
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1.

This action arose out of a Verified Complaint for Forfeiture In Rem filed February 8,

13 2018 and an Amended Verified Complaint for Forfeiture In Rem filed February 14, 2018.
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2.

The United States has moved this Court, pursuant to Local Rule 540, for entry of default

15 judgment of forfeiture against potential claimants Yaniv Gohar, Eran Berkovich and United Home SF,
16 Inc.
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3.

The United States has shown that a complaint for forfeiture was filed; that potential

18 claimants Yaniv Gohar, Eran Berkovich and United Home SF, Inc. received notice of the forfeiture
19 action; that any and all other unknown potential claimants have been served by publication; and that
20 grounds exist for entry of a final judgment of forfeiture.
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Therefore, IT IS RECOMMENDED as follows:

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1.

That Yaniv Gohar, Eran Berkovich and United Home SF, Inc. be held in default;

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That the United States’ motion for default judgment and final judgment of forfeiture be

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3.

That judgment by default be entered against any right, title, or interest of potential

26 claimants Yaniv Gohar, Eran Berkovich and United Home SF, Inc. in the defendant assets referenced in
27 the above caption;
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Findings and Recommendations

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That a final judgment be entered, forfeiting all right, title, and interest in the defendant

2 assets to the United States, to be disposed of according to law;
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That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by

4 the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court.
5 Dated: July 30, 2018
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DB/orders/orders.civil/USvgohar.0305.mdj.f&rs

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Findings and Recommendations