USA v. Real property located at 15999 River Road, Guerneville, CA, et al.,

Filing 12

PROTECTIVE ORDER signed by District Judge Troy L. Nunley on 05/9/24. (Licea Chavez, V)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 2:24-CV-00889-TLN-JDP Plaintiff, PROTECTIVE ORDER 13 14 15 16 17 18 19 20 v. REAL PROPERTY LOCATED AT 15999 RIVER ROAD, GUERNEVILLE, CALIFORNIA, SONOMA COUNTY, APN: 070-050-032-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, AND A PROMISSORY NOTE SECURED BY A MORTGAGE DATED JULY 25, 2022, AND RECORDED IN THE COUNTY OF FRESNO, CALIFORNIA ON JULY 28, 2022 IN THE AMOUNT OF $692,500.00, SECURED BY REAL PROPERTY LOCATED AT 2930 LOCAN AVENUE, CLOVIS, CALIFORNIA, APN: 555250-41, 21 Defendants. 22 23 24 This matter having come before this Court on the application of the United States of America for 25 entry of a protective order pursuant to 18 U.S.C. § 983(j)(1)(A), which provides courts with jurisdiction 26 to enter restraining orders and take such other action in connection with any property or other interest 27 subject to forfeiture to ensure its availability for forfeiture; and 28 29 30 1 Protective Order 1 IT APPEARING TO THE COURT THAT: 2 The United States has filed a civil forfeiture complaint with respect to the in rem defendant 3 known as 15999 River Road, Guerneville, California, Sonoma County, APN: 070-050-032-000. 4 THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, PURSUANT TO 5 18 U.S.C. § 983(j)(1)(A) THAT: 6 The above-referenced property is hereby restrained in the manners described below. DEFINITIONS 7 8 For purposes of this order, the following definitions shall apply: 9 1. “Potential claimants” refers to Matthew Gillum; their successors, assignees, family 10 members officers, agents, servants, employees, and attorneys, and those persons in active concert or 11 participation with them who receive actual notice of this order. 12 2. “Defendant Property,” or “ above-referenced properties” refers to real property located at 13 15999 River Road, Guerneville, California, Sonoma County, APN: 070-050-032-000. 14 PROHIBITED ACTIVITIES 15 16 IT IS THEREFORE ORDERED that: 17 1. Potential claimants shall not sell, transfer, negotiate, convey or dispose of the above- 18 referenced property without further order of this Court. 19 2. Potential claimants shall not grant, convert, or otherwise modify the above-referenced 20 properties specified in this protective order without further order of this Court, nor shall potential 21 claimants honor any demands by anyone or any entity to leverage or borrow against the equity interest 22 specified in this protective order without further order of this Court. 23 3. Potential claimants shall not alter, modify, destroy, manipulate, or change the buildings, 24 grounds, and river-access and river-adjacent areas at 15999 River Road, Guerneville, California, Sonoma 25 County, APN: 070-050-032-000 without further order of this Court. 26 4. Potential claimants shall remit all disbursement or remuneration including but not limited 27 to, rental payments or property tax refunds, affiliated with the above-referenced property specified in this 28 29 30 2 Protective Order 1 protective order payable to the U.S. Department of Treasury and sent to the Internal Revenue Service – 2 Criminal Investigation, 4330 Watt Avenue, M/S 4509, Sacramento, California 95821, Attn: Dawn 3 Penner, AFC. Any such payments will be deposited into a Treasury suspense account; the IRS-CI will 4 provide an accounting for the funds received as the Court deems appropriate. 5 6 APPOINTMENT 7 NESTED LLC is APPOINTED as the property manager of 15999 River Road, Guerneville, 8 California, Sonoma County, APN: 070-050-032-000 as specifically set forth below. 5. 9 The property manager may access the premises, consult with tenants and vendors, enter 10 into residential leases, and take other reasonable measures to manage the property and inventory. 6. 11 The property manager may hire and pay vendors, such as landscapers or locksmiths, in 12 order to efficiently manage the property. 7. 13 The property manager may advertise the apartments, tour potential tenants, open bank and 14 utility accounts, accept security deposits, and enter into residential leases for the property in order to 15 manage and operate the property. 8. 16 The property manager must secure insurance and pay all associated taxes and utilities, 17 including City, County, and other local taxes, as well as charges for water, sewer, stormwater, electricity, 18 gas, and any other items that are required for normal operation of the property. The property manager 19 shall also provide access to any local or state officials necessary to any inquiry about the property. 9. 20 Any net rental proceeds generated from the River Road Property shall be held by the 21 management company in a separate, segregated bank account and the management company shall 1 22 provide quarterly balances to the United States. In addition, the management company shall terminate 23 any existing association to pay rental proceeds to Matthew Gillum or any of his associates. 10. 24 The property manager shall send copies of all correspondence pertaining to the above- 25 referenced property specified in this protective order including but not limited to, statements and 26 1 Payable to the U.S. Department of Treasury and sent to the Internal Revenue Service - Criminal Investigation, 4330 Watt 27 Avenue, M/S 4509, Sacramento, California 95821, Attn: Dawn Penner, AFC. Any such payments will be deposited into a 28 29 30 Treasury suspense account. 3 Protective Order 1 accounting notices, to the Internal Revenue Service - Criminal Investigation, 4330 Watt Avenue, M/S 2 4509, Sacramento, California 95821, Attn: Dawn Penner, AFC. 3 11. The property manager will ensure the property is in compliance with all federal, state, and 4 local laws and ordinances in all respects, including the property’s operation and renting and interviewing 5 potential tenants. 6 The United States shall notice this Order on all potential claimants to the property discussed 7 above, including, but not limited to, those associated with the defendant in the related criminal case and 8 their attorneys. 9 This Court shall retain jurisdiction of this matter for all purposes. The terms of this order shall 10 remain in full force and effect until judgment is rendered on the civil forfeiture complaint filed with 11 respect to the above-referenced property, or further order of the Court. In the event a party chooses to 12 modify the terms of the protective order, they can do so only with prior approval of the Court upon notice 13 to the United States and an opportunity for the United States to be heard. 14 SO ORDERED this 9th day of May 2024. 15 16 17 18 JUDGE TROY L. NUNLEY United States District Court Judge 19 20 21 22 23 24 25 26 27 28 29 30 4 Protective Order

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