Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Real Property Located At 149 G Street, Lincoln, California, Placer County

United States District Court, E.D. California

April 18, 2017

UNITED STATES OF AMERICA Plaintiff,
v.
REAL PROPERTY LOCATED AT 149 G STREET, LINCOLN, CALIFORNIA, PLACER COUNTY, APN 008-266-015-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, et al., Defendants.

          PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney Attorneys for the United States

          REQUEST TO APPOINT SUCCESSOR RECEIVER; ORDER

          Troy L. Nunley United States District Judge.

         I. INTRODUCTION

         This 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.[1] 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.

         This 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.

         II. REQUEST

         The 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 continued tenancy;
b. Coordinate and hire vendors to provide maintenance, common area upkeep, and yard maintenance;
c. Interview prospective tenants and enter into leasehold agreements;
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' telephonic notice;
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.