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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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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2:24-CV-00889-TLN-JDP

Plaintiff,
PROTECTIVE ORDER

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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,

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Defendants.
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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
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Protective Order

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IT APPEARING TO THE COURT THAT:

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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.
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THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, PURSUANT TO

5 18 U.S.C. § 983(j)(1)(A) THAT:
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The above-referenced property is hereby restrained in the manners described below.
DEFINITIONS

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For purposes of this order, the following definitions shall apply:

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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.
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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.
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PROHIBITED ACTIVITIES

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IT IS THEREFORE ORDERED that:

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1.

Potential claimants shall not sell, transfer, negotiate, convey or dispose of the above-

18 referenced property without further order of this Court.
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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.
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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.
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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
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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.
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APPOINTMENT

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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.

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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.

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The property manager may hire and pay vendors, such as landscapers or locksmiths, in

12 order to efficiently manage the property.
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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.
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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.
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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
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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.

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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
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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
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Treasury suspense account.

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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.
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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.
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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.
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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.
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SO ORDERED this 9th day of May 2024.

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JUDGE TROY L. NUNLEY
United States District Court Judge

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Protective Order