Opinion
No. 2:04CR00151 PGC.
July 29, 2004
PAUL M. WARNER, United States Attorney, JENNIFER J. SHASKY, Trial Attorney, U.S. Department of Justice, Organized Crime Racketeering Section, CYNTHIA STONE, Trial Attorney, U.S. Department of Justice, Asset Forfeiture and Money Laundering Section, Washington, DC, Attorneys for the United States of America.
POST-INDICTMENT RESTRAINING ORDER
The United States has made an ex parte application to this Court, pursuant to 21 U.S.C. § 853(e)(1)(A), for a restraining order to preserve the availability of certain property that is subject to forfeiture in the above-styled criminal action. Upon consideration of the Government's application, and the Second Superseding Indictment (Indictment) of GARRI GRIGORIAN (GRIGORIAN), it appears to the Court that there is reasonable cause to enter a restraining order to preserve the subject property based upon the following:
1. That a federal grand jury of this district has returned an Indictment against GRIGORIAN on charges of money laundering, operating an unlicensed money transmitting business, illegal U.S. operations of a foreign bank, and making and subscribing a false tax return, in violation of 18 U.S.C. § 1956(h) and 1960; 12 U.S.C. § 3105(d)(1) and 3111; and 26 U.S.C. § 7206(1). Furthermore, said Indictment alleges criminal forfeiture under 18 U.S.C. § 982 of certain property in which GRIGORIAN holds an interest, including but not limited to:
a. Real property with building, appurtenances and improvements, commonly known as 11290 S. Silver Ridge Drive, Sandy, Utah and more particularly described as:
LOT 305, SILVER RIDGE #3, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
b. 2000 Acura 3.2 TL sedan, VIN 19UUA566XYA034977, UT License 170 YZJ;
c. $250,000 USD paid for bond on behalf of Garri Grigorian on April 22, 2004;
d. Partnership or membership interest, including all interest and dividends, in the name of Garri Grigorian, in the Dunlop Oaks Apartments, also known as BP-IL 2 Property Associates, L.P., a limited partnership currently managed by Bridge Partners Inc.; and
e. Partnership or membership interest, including all earned interest and dividends, in the name of Garri Grigorian, in the Villa de Paz Golf Course, a limited partnership currently managed by Bridge Partners Inc.
2. That the federal grand jury's indictment of GRIGORIAN, which specifically identified property as being subject to forfeiture under 18 U.S.C. § 982, establishes sufficient probable cause for the issuance of this restraining order.
3. That in the event GRIGORIAN is convicted of the charges alleged in said Indictment, the subject property would be subject to forfeiture under 18 U.S.C. § 982.
4. That the need to preserve the availability of the subject property through the entry of the order requested herein outweighs the hardship on any party against whom the order is to be entered.
5. That any third party claims to the subject property may be properly brought and resolved in ancillary proceedings conducted by this Court following the execution of a Preliminary Order of Forfeiture in accordance with the provisions of federal forfeiture law.
THEREFORE, IT IS HEREBY ORDERED AND DECREED:
That, effective immediately, GRIGORIAN, his agents, servants, employees, attorneys, family members and those persons in active concert or participation with him, and those persons, financial institutions, or other entities who have any interest or control over the subject property are hereby RESTRAINED, ENJOINED, AND PROHIBITED, without prior approval of this Court and upon notice to the United States and an opportunity for the United States to be heard, from attempting or completing any action that would affect the availability, marketability or value of said property, including but not limited to selling, transferring, assigning, pledging, distributing, encumbering, wasting, secreting, depreciating, damaging, or in any way diminishing the value of, all or any part of their interest, direct or indirect, in the following property:
a. Real property with building, appurtenances and improvements, commonly known as 11290 S. Silver Ridge Drive, Sandy, Utah and more particularly described as:
LOT 305, SILVER RIDGE #3, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
b. 2000 Acura 3.2 TL sedan, VIN 19UUA566XYA034977, UT License 170 YZJ;
c. $250,000 USD paid for bond on behalf of Garri Grigorian on April 22, 2004;
d. Partnership or membership interest, including all interest and dividends, in the name of Garri Grigorian, in the Dunlop Oaks Apartments, also known as BP-IL 2 Property Associates, L.P., a limited partnership currently managed by Bridge Partners Inc.; and
e. Partnership or membership interest, including all earned interest and dividends, in the name of Garri Grigorian, in the Villa de Paz Golf Course, a limited partnership currently managed by Bridge Partners Inc.
IT IS FURTHER ORDERED that the property owner(s) are required to maintain the present condition of any real property subject to this Order, including timely payment of all mortgage payments, and insurance, utilities, taxes, and assessments until further order of this Court. The Government is hereby authorized to enter said real properties to videotape conditions in order to verify that said properties are being maintained.
IT IS FURTHER ORDERED that any financial institutions holding any accounts subject to this Order shall take no offsets against such accounts. They shall continue to credit any deposits, interest, dividends, or other credits to such accounts in the normal course of business, and such deposits, interest, dividends, and other credits shall be subject to this Order. In addition, upon receiving notice of this Order, each financial institution shall promptly inform the Government as to the account balances at the time of notice, and shall thereafter supplement such information by reporting to the Government any changes to the accounts, and by responding promptly to requests by the Government for information on the accounts' current status.
IT IS FURTHER ORDERED that any financial institutions holding mortgages on real properties subject to this Order shall respond promptly to requests by the Government for information on said mortgages' current status.
IT IS FURTHER ORDERED, pursuant to the provisions of 21 U.S.C. § 853(e)(4), that within ten (10) days of receipt of this Order, GRIGORIAN shall repatriate and deposit with the registry of this Court any and all properties subject to this Order located outside of the United States over which he has any direct or indirect interest or control, including but not limited to, all such assets that are directly owned by him as well as all such assets that indirectly owned by or credited to his benefit through his agents, nominees or business entities controlled by him. Said properties shall be deposited pending trial in the registry of this Court, or with the United States Marshals Service/Secretary of the Treasury, in an interest-bearing account, if appropriate.
IT IS FURTHER ORDERED that the United States or any Subject of this Order may seek modifications of this Order if it is deemed necessary by them to preserve their interest in the subject property.
IT IS FURTHER ORDERED that any Subject of this Order shall be permitted to execute a satisfactory performance bond pursuant to 21 U.S.C. § 853(e)(1) as an alternative to the restraint of the subject property. After notice to the United States and an opportunity to be heard, the Court shall determine whether any proposed bond is a satisfactory performance bond.
IT IS FURTHER ORDERED that the U.S. Marshal/Secretary of Treasury or his designee shall promptly serve a copy of this Restraining Order upon GRIGORIAN, Bridge Partners, Inc., and any other appropriate financial institutions; pertinent agencies or individuals and shall a make a return thereon reflecting the date and time of service.
THIS RESTRAINING ORDER shall remain in full force and effect until further order of this Court.