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United States v. Brugnara

United States District Court, Ninth Circuit

July 8, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
LUKE BRUGNARA, Defendant.

ORDER GRANTING IN PART APPLICATION FOR WRIT OF EXECUTION

WILLIAM ALSUP, District Judge.

Defendant Luke Brugnara was convicted on May 24, 2010, of three counts of violating 26 U.S.C. 7206(1). He was sentenced to 30 months custody and one year of supervised release. Among the special conditions imposed were that defendant must provide access to all requested financial information, comply and cooperate with the IRS in good faith to pay any outstanding tax liability, provide the U.S. Probation Office with a copy of any written and approved agreement with the IRS for the payment of any outstanding tax liability within 10 days from the execution of such agreement, and pay $300 special assessment, $50, 000 fine, and $1, 904, 625.35 restitution.

Counsel for the government have filed an application for a writ of execution, stating that defendant has not made any payments towards his restitution, fine, or special assessment and that, with accrual of interest, the total balance due as of May 21, 2013, was $1, 975, 688.29. Counsel seek a writ of execution authorizing the United States Marshals to seize nine paintings as well as other, unidentified "valuable artwork."

By order dated May 31, the Court requested further information from the government regarding the estimated cost of seizing and storing the artwork and the estimated length of time before it can be auctioned or sold. The government filed a response to the Court's request for additional information, to which defendant has responded. Having reviewed the parties' filings, the Court issues the following order:

The Marshals are authorized to seize the nine paintings listed below and any documentation relevant to the ownership, authenticity, or provenance of the paintings:

1. "Femme Fatale" painting by Kees Van Dongen;
2. "Four Mona Lisas" painting by Andy Warhol;
3. "Crucifixion of Christ" painting by Pieter Paul Rubens;
4. "Germaine" drawing by Pablo Picasso;
5. "The Blind Fiddler" by Rembrandt;
6. "English Landscape" by F. Williams;
7. "Blonde Waiting" by Roy Lichtenstein;
8. "Opera" by Fried Pal; and
9. "Blue Notation" by Naomi ...

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