Forfeiture Agreement — United States v. Alvi (Dkt. 14, N.D. Ill.)

Summary

A forfeiture agreement in United States v. Zishan Alvi, No. 23 CR 142-1, in the U.S. District Court for the Northern District of Illinois before Magistrate Judge Beth W. Jantz, filed March 14, 2023 as Document 14. Under the Order Setting Conditions of Release entered March 13, 2023, it secures in part a bond of $2,000,000 set for the defendant with real property in Inverness, Illinois. Zishan H. Alvi and Roseann M. Gager, as grantors, warrant that they are the sole record owners of the property and agree to its forfeiture to the United States if the defendant fails to comply with the release conditions. The agreement carries their signatures as sureties and grantors.

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Case: 1:23-cr-00142 Document #: 14 Filed: 03/14/23 Page 1 of 4 PagelD #:61

NITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION                                          MAR 14 2023 SMI

                                                         THOMAS G. BRUTON
                                                     CLERK, U.S. DISTRICT COURT

UNITED STATES OF AMERICA,             )

                                      )
                                      )
             v.                       )
                                      )
ZISHAN ALVI                           )

                                      )
                                      )     No. 23 CR 142-1

                                      )     Magistrate Judge Beth W. Jantz

                           FORFEITURE AGREEMENT

      Pursuant to the Order Setting Conditions of Release entered in the above-named cases on

March 13, 2023 for and in consideration of bond being set by the Court for defendant ZISHAN

ALVI (the “defendant”) in the amount of $2,000,000, being partially secured by real property,

ZISHAN H. ALVI AND ROSEANN M. GAGER, GRANTOR(S) hereby understand, warrant

and agree:

      1. ZISHAN H. ALVI AND ROSEANN M. GAGER warrant that they are the

sole record owners and titleholders of the real property located at 160 Braymore Court, Inverness,

Illinois described legally as follows:

      LOT 38 IN BRAYMORE HILLS OF INVERNESS, UNIT NO. 3, A
      SUBDIVISION OF PART OF THE NORTH 1/2 OF SECTION 13, TOWNSHIP

      42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
      ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 25, 1989 AS
      DOCUMENT 89039202, IN COOK COUNTY, ILLINOIS

      Permanent Index Number: 01-13-103-013-0000

      (the “subject property”)

Case: 1:23-cr-00142 Document #: 14 Filed: 03/14/23 Page 2 of 4 PagelD #:62

2. ZISHAN H. ALVI AND ROSEANN M. GAGER warrant that there are two
outstanding mortgages against the subject property and that their equitable interest in the real
property equals at least $865,000.

3. ZISHAN H. ALVI AND ROSEANN M. GAGER have received a copy of the
Court’s Order Setting Conditions of Release and understand its terms and conditions.

4. ZISHAN H. ALVI AND ROSEANN M. GAGER understand and agree that the
defendant will be subject to the terms and conditions of the Order Setting Conditions of Release
until any of the following events: (a) defendant surrenders to serve his sentence; (b) defendant is
taken into custody by order of the court in the above-captioned matter; (c) the above-captioned
matter is dismissed against defendant in its entirety; or (d) judgment is entered in defendant’s favor.

5. ZISHAN H. ALVI AND ROSEANN M. GAGER agree that public
| docket entries and filings in the above-captioned matter constitute adequate notice to the sureties
of all judicial proceedings in the case. ZISHAN H. ALVI AND ROSEANN M. GAGER
~ understaiid that modifications to the Court’s Order Setting Conditions of Releasé may occur and
ray materially change the conditions of release. In exchange for the entry of the Order Setting
Conditions of Release, ZISHAN H. ALVI AND ROSEANN M. GAGER waive any right to
receive notice of judicial proceedings from the United States or the Court.

6. ZISHAN H. ALVI AND ROSEANN M. GAGER understand and agree that this
forfeiture agreement applies to any modified Order Setting Conditions of Release entered by the
Court in the above-captioned matter.

7. ZISHAN H. ALVI AND ROSEANN M. GAGER agree that their equitable
interest up to the amount of this bond in the above-described real property shall be forfeited to the

United States of America should the defendant fail to appear as required by the Court or otherwise

Case: 1:23-cr-00142 Document #: 14 Filed: 03/14/23 Page 3 of 4 PagelD #:63

violate any condition of the Court’s Order Setting Conditions of Release, during the pendency of
the order.

8. ZISHAN H. ALVI AND ROSEANN M. GAGER agree to execute a quit claim
deed in favor of the United States of America, which deed shall be held in the custody of the Clerk
of the United States District Court, Northern District of Illinois, until further order of the Court.

9. ZISHAN H. ALVI AND ROSEANN M. GAGER understand that the United
States of America will seek an order from the Court authorizing the United States of America to
file and record the above-described deed and will take whatever other action that may be necessary
to perfect its interest in the above-described real property, should the defendant fail to appear as
required by the Court or otherwise violate any condition of the Court’s Order Setting Conditions

of Release, during the pendency of the order.

10. _ZISHAN H. ALVI AND ROSEANN M. GAGER understand and agree that,

should the defendant fail to appear as required by the Court or otherwise violate any condition of .
~ the Court's Order Setting ‘Conditions Of Release, ZISHAN H. ALVI AND ROSEANN M.
GAGER will be liable to pay the difference between the bond amount of 92, 000, 000 and their |
equitable interest in n the subject property, and ZISHAN H. ALVI AND ROSEANN M. GAGER
hereby agree to the entry of a default judgment against them for the amount of any such difference.
11. ZISHAN H. ALVI AND ROSEANN M. GAGER agree that they will maintain
the subject property in good repair, pay all taxes and obligations thereon when due, and will take
no action which could encumber the real property or diminish their interest therein, including any

effort to sell or otherwise convey the property without leave of Court.

Case: 1:23-cr-00142 Document #: 14 Filed: 03/14/23 Page 4 of 4 PagelD #:64

12. ZISHAN H. ALVI AND ROSEANN M. GAGER understand that if they have
knowingly made or submitted or caused to be made or submitted any false, fraudulent or
misleading statement or document in connection with this Forfeiture Agreement, or in connection
with the bond set for defendant, they are subject to a felony prosecution for making false statements
and making a false declaration under penalty of perjury.

13. ZISHAN H. ALVI AND ROSEANN M. GAGER agree that the United States
shall file and record a copy of this Forfeiture Agreement with the Cook County Recorder of Deeds
as notice of encumbrance in the amount of the bond.

14. ZISHAN H. ALVI AND ROSEANN M. GAGER hereby declare under penalty
of perjury that they have read the foregoing Forfeiture Agreement in its entirety, and the
information contained herein is true and correct.

15. ZISHAN H. ALVI AND ROSEANN M. GAGER understand and agree that
failure to comply with any term or condition of this Forfeiture Agreement will constitute grounds

for the United States of America to request that the bond posted for the release of the defendant be

ZISHAN H. ALVI
Surety/Grantor

sacl cre) S 5223 (fu > tage
Ward, [3.2072

Suréty/Grantor
Date:

WITNESS
Prepared by and Return to:

Bissell, US Attorney’s Office

219 S. Dearborn Street, 5th Floor

Chicago, Illinois 60604

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