United States District Court, E.D. California
PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN
Assistant U.S. Attorney Attorneys for the United States
REQUEST TO APPOINT SUCCESSOR RECEIVER; ORDER
L. Nunley United States District Judge.
Court previously appointed Dave Flemmer as a receiver to
manage and liquidate several real properties forfeited by
Bart Volen based on their connection to Volen's fraud
against the United Auburn Indian Community (UAIC).
See ECF No. 151. Mr. Flemmer successfully sold
several of the forfeited properties, but two properties have
yet to be resolved. As more fully explained in another case in
this district where Mr. Flemmer served as a trustee involving
funds held in constructive trust, (United States v.
Wilson, Case 2:08-CR-00114), Mr. Flemmer suddenly passed
away three weeks ago. In Wilson, this Court
appointed Robert C. Greeley, an experienced bankruptcy
receiver with an accounting background, as successor trustee
to Mr. Flemmer and Mr. Greeley will complete the disbursement
of funds held in constructive trust to victims. See
ECF No. 325 (Wilson). The United States similarly
seeks the appointment of Mr. Greeley as successor receiver to
Mr. Flemmer in this case so that Mr. Greeley can manage and
liquidate the remaining properties forfeited from Bart Volen.
forfeiture case was resolved pursuant to a stipulation
between the parties, which Bart Volen executed as part of his
plea agreement in the companion criminal case, United
States v. Bart Volen, et al., 2:12-CR-00294-TLN.
United States seeks to continue Mr. Flemmer's scope of
appointment for Mr. Greeley's successor role. On October
18, 2016, this Court entered the final judgment of forfeiture
and ordered that “the Receiver shall be authorized to
do the following regarding the defendant properties”:
a. Consult and coordinate with existing tenants, accept
rental payments, and enter into leasehold agreements for
b. Coordinate and hire vendors to provide maintenance, common
area upkeep, and yard maintenance;
c. Interview prospective tenants and enter into leasehold
d. Consult and coordinate with county tax officials and any
local entities regarding applicable property taxes, levies,
penalties, or HOA dues;
e. Coordinate and obtain any insurance required to preserve
the value of the real properties, to include general
liability and rental insurance;
f. Order appraisals, consult with valuation professionals,
and take other necessary and reasonable steps to properly
value the real properties. The Receiver and the appraiser may
have access to the defendant properties and structures,
buildings, or storage sheds thereon upon 24 hours'
g. List the defendant properties for sale and have the sole
authority to select the means of sale, including sale by
internet or through a licensed real estate broker, and have
the sole authority over the ...