United States of America v. REAL PROPERTY LOCATED AT 6001 N. OCEAN DRIVE, UNIT 806, HOLLYWOOD, BROWARD COUNTY, FLORIDA, INCLUDING ALL BUILDINGS, FIXTURES, IMPROVEMENTS, AND APPURTENANCES

Filing 21

ORDER GRANTING 20 Application for a Post Complaint Restraining order Pursuant to 18:USC:§983(j)(1)(A) filed by United States of America Signed by District Judge Robert H. Cleland. (LWag)

United States District Court
Eastern District of Michigan
Southern Division
United States of America,
Plaintiff,
vs.

Civil No. 15-11574
Honorable Robert H. Cleland

Real Property Located at
6001 N. Ocean Drive, Unit 806,
Hollywood, Broward County,
Florida, Including all Buildings,
Fixtures, Improvements, and
Appurtenances;
Defendant in rem.

ORDER GRANTING GOVERNMENT’S EX PARTE APPLICATION FOR
A POST COMPLAINT RESTRAINING ORDER
PURSUANT TO 18 U.S.C. § 983(j)(1)(A)

This court, having considered the Ex Parte Application of the United States for
a Post-Complaint Restraining Order pursuant to Title 18, United States Code,
Section, 983(j)(1)(A) hereby ORDERS as follows:
1. Olga Zigmond, Felix Zigmond, Yelena Bolintskaya, Simona Zigmond, the
adult daughter of Boris and Olga, Pavel Zigmond, the adult son of Boris and Olga
Zigmond, their agents, servants, employees, attorneys, family members and those

persons in active concert or participation with them, and those persons, financial
institutions, or entities who have any interest or control over the subject property
are immediately RESTRAINED and ENJOINED from attempting or completing
any action that would affect the availability of the defendant property or the value
of the property for federal forfeiture including but not limited to transferring,
assigning, pledging, distributing, encumbering, wasting, secreting or otherwise
disposing of, diminishing the value of, or removing from the jurisdiction of the
Eastern District of Michigan, all or any part of their interest, direct or indirect, in
the defendant in rem.
2. Claimant’s Counsel are immediately ORDERED to advise their client that
she may face criminal prosecution if she violates Title 18, United States Code,
Section 2232 which provides as follows:
(a) Destruction or removal of property to prevent seizure - Whoever,
before, during, or after any search for or seizure of property by any person
authorized to make such search or seizure, knowingly destroys, damages,
wastes, disposes of, transfers, or otherwise takes any action, or knowingly
attempts to destroy, damage, waste, dispose of, transfer, or otherwise take
any action, for the purpose of preventing or impairing the Government’s
lawful authority to take such property into its custody or control or to
continue holding such property under its lawful custody and control, shall be
fined under this title or imprisoned not more than 5 years, or both.
(b) Impairment of in rem jurisdiction.—Whoever, knowing that property is
subject to the in rem jurisdiction of a United States court for purposes of
civil forfeiture under Federal law, knowingly and without authority from that
court, destroys, damages, wastes, disposes of, transfers, or otherwise takes
any action, or knowingly attempts to destroy, damage, waste, dispose of,
transfer, or otherwise take any action, for the purpose of impairing or
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defeating the court’s continuing in rem jurisdiction over the property, shall
be fined under this title or imprisoned not more than 5 years, or both.
3. This Court further ORDERS the United States Department of the
Treasury, Internal Revenue Service-Criminal Investigations, and/or their designee
to take the following measures:
a) to enter immediately the defendant real property, including any structures,
on one or more occasions during the pendency of this in rem forfeiture action
against the defendant real property, for the purpose of conducting an inspection
and inventory and appraisal of the defendant real property, and
b) to be accompanied on any such occasion by any appraiser(s) selected by it
for the purpose of appraising the condition and value of the defendant real property
pursuant to Title 18, United States Code, Sections 985(b)(2) and 983(j), which
appraisal may include, among other means, still and video photography;
c) to be accompanied on any such occasion by any government and contract
personnel selected by it for the purpose of conducting an inspection and inventory
of the defendant real property, which inspection and inventory may include, among
other means, still and video photography;
d) to be accompanied on any such occasion by any federal, state, and local law
enforcement officers selected by it to ensure the safety of personnel acting under
this Restraining Order; and
e) to advise anyone that any interference with anyone acting under the
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authority of the Restraining Order shall be deemed a violation of a Court order and
may be punished as a contempt, as a violation of Title 18, United States Code,
Section 2232, prohibiting the impairment of in rem jurisdiction, or otherwise as
provided by law.
The United States further requests that this restraining order remain in full
force and effect until further order of this Court.
4. Service of the Restraining Order
The United States further requests that the Department of Justice, the
United States Department of Treasury, Internal Revenue Service-Criminal
Investigations or their designees be directed to serve a copy of the restraining order
on Olga Zigmond, Felix Zigmond, Yelena Bolotinskaya, Simona Zigmond, and
Pavel Zigmond and to make a return thereon reflecting the date and time of
service.
IT IS SO ORDERED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: April 24, 2018
I hereby certify that a copy of the foregoing document was mailed to counsel of record
and/or pro se parties on this date, April 24, 2018, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]
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