Opinion
2:21-CR-027-RFB-DJA
11-18-2022
UNITED STATES OF AMERICA, Plaintiff, v. JORGE ABRAMOVS, Defendant.
FINAL ORDER OF FORFEITURE
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
The United States District Court for the District of Nevada entered a Preliminary Order of Forfeiture pursuant to Fed. R. Crim. P. 32.2(b)(1) and (b)(2); 18 U.S.C. § 981(a)(1)(A) with 28 U.S.C. § 2461(c); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(1); 18 U.S.C. § 982(a)(2)(A); and 21 U.S.C. § 853(p) based upon the plea of guilty by Jorge Abramovs to the criminal offenses, forfeiting the property and imposing an in personam criminal forfeiture money judgment set forth in the Plea Agreement and the Forfeiture Allegations of the Criminal Information and shown by the United States to have the requisite nexus to the offenses to which Jorge Abramovs pled guilty. Criminal Information, ECF No. 46; Plea Agreement, ECF No. 48; Arraignment & Plea, ECF No. 49; Preliminary Order of Forfeiture, ECF No. 50.
This Court finds that on the government's motion, the Court may at any time enter an order of forfeiture or amend an existing order of forfeiture to include subsequently located property or substitute property pursuant to Fed. R. Crim. P. 32.2(e) and 32.2(b)(2)(C).
The in personam criminal forfeiture money judgment amounts of $1,986,737.46 and $403,906.29 comply with Honeycutt v. United States, 137 S.Ct. 1626 (2017) and United States v. Thompson, 990 F.3d 680 (9th Cir. 2021).
This Court finds the United States published the notice of forfeiture in accordance with the law via the official government internet forfeiture site, www.forfeiture.gov, consecutively from September 29, 2021, through October 28, 2021, notifying all potential third parties of their right to petition the Court. Notice of Filing Proof of Publication Exhibits, ECF No. 51-1, p. 5.
This Court finds the United States notified known third parties by personal service of their right to petition the Court. Notice of Filing Service of Process - Personal Service, ECF No. 52.
On October 25, 2021, the United States Marshals Service personally served John Entsminger, General Manager, Southern Nevada Water Authority, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process -Personal Service, ECF No. 52-1, p. 3, 22-34.
On October 25, 2021, the United States Marshals Service personally served John Entsminger, General Manager, Las Vegas Valley Water District, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process -Personal Service, ECF No. 52-1, p. 4, 22-34.
On October 25, 2021, the United States Marshals Service personally served Justin Jones, Commissioner, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 5, 22-34.
On October 25, 2021, the United States Marshals Service personally served Laura B. Fitzpatrick, Clark County Treasurer, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 6, 22-34.
On October 25, 2021, the United States Marshals Service personally served Marilyn Kirkpatrick, President, Las Vegas Valley Water District, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 7, 22-34.
On October 25, 2021, the United States Marshals Service personally served Gregory J. Walch, General Counsel, Las Vegas Valley Water District, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 8, 22-34.
On October 25, 2021, the United States Marshals Service personally served Gregory J. Walch, General Counsel, Southern Nevada Water Authority, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process -Personal Service, ECF No. 52-1, p. 9, 22-34.
On October 25, 2021, the United States Marshals Service personally served Steve B. Wolfson, Clark County District Attorney, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 10, 22-34.
On October 25, 2021, the United States Marshals Service personally served Paolo Triamani, Director, Veer Towers Unit Owners Association, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 11, 22-34.
On October 25, 2021, the United States Marshals Service personally served Associa Nevada South, Registered Agent, Veer Towers Unit Owners Association, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process -Personal Service, ECF No. 52-1, p. 12, 22-34.
On October 25, 2021, the United States Marshals Service personally served Nickolas Jensen, Secretary, Veer Towers Unit Owners Association, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 13, 22-34.
On October 25, 2021, the United States Marshals Service personally served Justin Seifert, Treasurer, Veer Towers Unit Owners Association, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 14, 22-34.
On October 25, 2021, the United States Marshals Service personally served Richard Chang, President, Veer Towers Unit Owners Association, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 15, 22-34.
On October 25, 2021, the United States Marshals Service personally served Debbie Conway, Clark County Recorder, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 16, 22-34.
On October 25, 2021, the United States Marshals Service personally served Briana Johnson, Clark County Assessor, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 17, 22-34.
On October 25, 2021, the United States Marshals Service personally served Lynn Goya, Clark County Clerk, Commission Division, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 18, 22-34.
On October 25, 2021, the United States Marshals Service personally served Lynn Goya, Clark County Clerk, Clark County Water Reclamation Dist., Commission Division, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 19, 22-34.
On October 25, 2021, the United States Marshals Service personally served Lynn Goya, Clark County Clerk, Clark County Board of Commissioners, Commission Division, with copies of the Preliminary Order of Forfeiture and the Notice. Notice of Filing Service of Process - Personal Service, ECF No. 52-1, p. 20, 22-34.
This Court finds no petition was filed herein by or on behalf of any person or entity and the time for filing such petitions and claims has expired.
This Court finds no petitions are pending regarding the property named herein and the time has expired for presenting such petitions.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that all possessory rights, ownership rights, and all rights, titles, and interests in the property hereinafter described are condemned, forfeited, and vested in the United States:
1. $257,089.54;
2. $799.22;
3. a 2021 BMW M850i xDrive Gran Coupe, white in color, with VIN WBAGV8C07MCF00249, bearing Nevada license plate 653M21;
4. real property located at 3726 South Las Vegas Boulevard, Unit 509, Las Vegas, Nevada; and
MORE PARTICULARLY DESCRIBED AS:
PARCEL 1:
UNIT 509 IN BUILDING WEST IN VEER TOWERS, AS SHOWN ON THAT CERTAIN FINAL MAP OF THE VEER TOWERS, A RESORT CONDOMINIUM SUBDIVISION ON FILE IN BOOK 142 OF PLATS, PAGE 42 AND AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR VEER TOWERS RECORDED MAY 03, 2010 IN BOOK 20100503 AS INSTRUMENT NO. 0002036, BOTH IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA.
PARCEL 2:
AN ALLOCATED INTEREST AS A TENANT-IN-COMMON IN THE COMMON ELEMENTS OF VEER TOWERS (INCLUDING ANY ANNEXATIONS THERETO), AS SHOWN BY THE MAP AND AS SET FORTH IN THE DECLARTION.
PARCEL 3:
AN EXCLUSIVE EASEMENT APPURTENANT TO PARCELS 1 AND 2 DESCRIBED ABOVE, OVER AREAS DEFINED AND DESCRIBED AS LIMITED COMMON ELEMENTS, IF ANY, ALLOCATED TO PARCELS 1 AND 2 IN THE DECLARATION AND AS SHOWN AND DELINEATED UPON THE MAP REFFERED TO ABOVE.
PARCEL 4:
NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, USE AND OTHER PURPOSES ALL DESCRIBED IN THE DECLARATION AND IN THAT CERTAIN (A) DECLARTION OF CENTRAL PLANT EASEMENTS, DATED DECEMBER 01, 2009 AND RECORDED DECEMBER 01, 2009 IN BOOK 20091201 AS INSTRUMENT NO. 0002884 OF OFFICIAL RECORDS, AND AS
AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF CENTRAL PLANT EASEMENTS, DATED JANUARY 07, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000577 OF OFFICIAL RECORDS; (B) PARKING AND ACCESS AGREEMENT, DATED APRIL 28, 2010 AND RECORDED MAY 03, 2010 IN BOOK 20100503 AS INSTRMENT NO. 0000515 OF OFFICIAL RECORDS; (C) DECLARATION OF SUPPORT AND ENCROACHMENT EASEMENTS, DATED DECEMBER 01, 2009 AND RECORDED DECEMBER 01, 2009 IN BOOK 20091201 AS INSTRUMENT NO. 0002885 OF OFFICIAL RECORDS, AND AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF SUPPORT AND ENCROACHMENT EASEMENTS, DATED JANUARY 07, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000578 OF OFFICIAL RECORDS; AND (D) DECLARATION OF LIFE SAFETY SYSTEMS EASEMENTS, DATED DECEMBER 01, 2009 AND RECORDED DECEMBER 01, 2009 IN BOOK 20091201 AS INSTRUMENT NO. 0002886 OF OFFICIAL RECORDS, AND AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF LIFE SAFETY SYSTEM EASEMENTS DATED JANUARY 07, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000579 OF OFFICIAL RECORDS, AND ALL IMPROVEMENTS AND APPURTENANCES THEREON, APN: 162-20-714-020.
5. real property located at 3726 South Las Vegas Boulevard, Unit 1803, Las Vegas, Clark County, Nevada, APN 162-20-714-153:
MORE PARTICULARLY DESCRIBED AS:
PARCEL I:
UNIT ONE THOUSAND EIGHT HUNDRED THREE (1803) IN BUILDING “W” IN VEER TOWERS, AS SHOWN ON THAT CERTAIN FINAL MAP OF THE VEER TOWERS, A RESORT CONDOMINIUM SUBDIVISION ON FILE IN BOOK 142 OF PLATS, PAGE 42 (THE “MAP”) AND AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR VEER TOWERS (THE “DECLARATION”), RECORDED MAY 03, 2010 IN BOOK 20100503 AS INSTRUMENT NO. 0002036, BOTH IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA (THE “OFFICIAL RECORDS”).
PARCEL II:
AN ALLOCATED INTEREST AS A TENANT-IN-COMMON IN THE COMMON ELEMENTS OF VEER TOWERS (INCLUDING ANY ANNEXATIONS THEREOF)AS SHOWN BY THE MAP AND AS SET FORTH IN THE DECLARTION.
PARCEL III:
AN EXCLUSIVE EASEMENT APPURTENANT TO PARCELS ONE (1) AND TWO (2) DESCRIBED ABOVE, OVER AREAS DEFINED AND DESCRIBED AS LIMITED COMMON ELEMENTS, IF ANY, ALLOCATED TO PARCELS ONE (1) AND TWO (2) IN THE DECLARATION AND AD SHOWN AND DELINEATED UPON THE MAP REFFERED TO ABOVE.
PARCEL IV:
NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, USE AND OTHER PURPOSES ALL DESCRIBED IN THE DECLARATION AND IN THAT CERTAIN (A) DECLARTION OF CENTRAL PLANT EASEMENTS, DATED DECEMBER 01, 2009 AND RECORDED DECEMBER 1, 2009 IN BOOK 20091201 AS INSTRUMENT NO. 0002884 OF OFFICIAL RECORDS, AND AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF CENTRAL PLANT EASEMENTS, DATED JANUARY 7, 2010 AND RECORDED JANUARY 7, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000577 OF OFFICIAL RECORDS; (B) PARKING AND ACCESS AGREEMENT, DATED APRIL 28, 2010 AND RECORDED MAY 3, 2010 IN BOOK 20100503 AS INSTRMENT NO. 0000515 OF OFFICIAL RECORDS; (C) DECLARATION OF SUPPORT AND ENCROACHMENT EASEMENTS, DATED DECEMBER 1, 2009 AND RECORDED DECEMBER 1, 2009 IN BOOK 20091201 AS INSTRUMENT NO. 0002885 OF OFFICIAL RECORDS, AND AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF SUPPORT AND ENCROACHMENT EASEMENTS, DATED JANUARY 7, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000578 OF OFFICIAL RECORDS; AND (D) DECLARATION OF LIFE SAFETY SYSTEMS EASEMENTS, DATED DECEMBER 1, 2009 AND RECORDED DECEMBER 1, 2009 IN BOOK 20091201 AS INSTRUMENT NO. 0002886 OF OFFICIAL RECORDS, AND AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO DECLARATION OF LIFE SAFETY SYSTEM EASEMENTS DATED JANUARY 7, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000579, AND ALL IMPROVEMENTS AND APPURTENANCES THEREON, APN: 162-20-714-153.(all of which constitutes property); and
that the United States recover from Jorge Abramovs the in personam criminal forfeiture money judgments of $1,986,737.46 and $403,906.29, the collected money judgment amount is not to exceed $1,986,737.46, and that the property will be applied toward the payment of the money judgments; and
the forfeiture of the money judgment and the property is imposed pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (b)(4)(B); Fed. R. Crim. P. 32.2(c)(2); 18 U.S.C. § 981(a)(1)(A) with 28 U.S.C. § 2461(c); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c); 18 U.S.C. § 982(a)(1); 18 U.S.C. § 982(a)(2)(A); 21 U.S.C. § 853(p); and 21 U.S.C. § 853(n)(7); that the money judgment shall be collected; and that the property and the collected amount shall be disposed of according to law.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any and all forfeited funds, including but not limited to, currency, currency equivalents, certificates of deposit, as well as any income derived as a result of the government's management of any property forfeited herein, and the proceeds from the sale of any forfeited property shall be disposed of according to law.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send copies of this Order to all counsel of record and three certified copies to the United States Attorney's Office, Attention Asset Forfeiture Unit.