Petition of Sandra Ramirez to Adjudicate Interest in Property Pursuant to 21 U.S.C. § 853(n) — No. 4:21-cr-00577 (Dkt. 32, S.D. Tex.)

Summary

Sandra Ramirez petitions under 21 U.S.C. § 853(n) for a hearing on Ramirez's interest in a Houston house, the real property named in the Preliminary Order of Forfeiture entered on June 2, 2022 in United States v. Scott Jackson Davis, Criminal No. 4:21-cr-00577 (S.D. Tex.). The petition says Ramirez, described as Davis's girlfriend, bought the house in June or July 2003, before the relationship began, and that Davis said in May or June of 2020 that the mortgage had been paid off, which Wells Fargo confirmed. It states that Ramirez has not been indicted, did not ask for the payoff, did not know the funds came from a crime, and holds the house as homestead and separate and sole property. Ramirez asks the court to vacate the preliminary order, return the property and release the lis pendens filed in Harris County. Ramirez verified the petition on 7/7/2022.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION
UNITED STATES OF AMERICA §
V. : CRIMINAL NO. 4:21-cr-00577
SCOTT JACKSON DAVIS :

PETITION OF SANDRA RAMIREZ TO ADJUDICATE
INTEREST IN PROPERTY PURSUANT TO 21 U.S.C. § 853(n)

This is a petition pursuant to 21 U.S.C. § 853(n) to request a hearing to adjudicate the
validity of Petitioner’s interest in the real property belonging to Petitioner, which is the subject to
the Preliminary Order of Forfeiture issued by this Court on June 2, 2022.

On June 2, 2022, this Court entered a Preliminary Order of Forfeiture as to the real property
and improvements located at 3019 Linkwood Drive, Houston, Harris County, Texas legally
described as: Lot Eight (8), Block Ten (10), of the Knollwood Subdivision, Section Seven (7)a
subdivision in Harris County, Texas according to the map or plat thereof recorded in Volume 40,
page 55, of the map records of Harris County, Texas.

On June 10, 2022, Petitioner received Notice of the Preliminary Order of Forfeiture from
the Office of the U.S. Attorney, advising that the Petitioner is required to file a § 853(n) petition
within thirty (30) days. Accordingly, the Petitioner is filing the instant petition.

BACKGROUND

Petitioner was the girlfriend of Scott Jackson Davis (Defendant). Petitioner and Defendant
lived together at the subject residence. Petitioner purchased 3019 Linkwood Drive in either June
or July 2003, which was long before her relationship with Defendant began. After her relationship

with Defendant began, the Defendant approached her sometime in May or June of 2020 and told

1

Petitioner that he had paid off the mortgage on her home for her. Petitioner later called Wells
Fargo and confirmed that the mortgage had in fact been paid in full. Petitioner had not requested
that Defendant pay her mortgage off. The Defendant seemed to be doing very well in his business
and was living large. Petitioner had no idea that the funds were not legitimately earned. 3019°
Linkwood Drive is Petitioner’s separate and sole property. Defendant gained no ownership
interest by paying off the mortgage.

3019 Linkwood Drive is Petitioner’s homestead, and she had no knowledge of a crime
being committed in her homestead or that the funds used to pay off the mortgage were funds used
or obtained from a crime.

AUTHORITY

Petitioner has not been indicted and there is no allegation that Petitioner was involved in
any wrongdoing. Petitioner holds the sole interest and ownership of the real property in question.

Petitioner alleges that the Government cannot take her interest in the property in question.
Pursuant to 21 U.S.C. § 853(a)(2), which reads: “any of the person’s property used, or intended
to be used, in any manner or part, to commit or to facilitate the commission of. Such violation
and...” Petitioner also alleges that the government cannot forfeit said property because 21 U.S.C.
§ 853(a), which reads in part as “... Any person convicted of a violation of this subchapter or
subchapter II punishable by imprisonment for more than one year shall forfeit to the United States,
irrespective of any provision of State Law — .”

Petitioner requests that the forfeiture be set aside because she is the sole legal owner of the
real property in question and that the Lis Pendens filed with the Official Records of Harris County,

Texas be released.

WHEREFORE, Petitioner prays that a hearing is scheduled and after hearing the
Preliminary Order of Forfeiture should be vacated, the property in question is returned to Petitioner
and that the Notice of Lis Pends filed with Official Records of Harris County, Texas be released.

Respectfully submitted,
TRITICO RAINEY, P.L.L.C.

/s/ Christopher L. Tritico
CHRISTOPHER L. TRITICO
Texas State Bar No. 20232050
Federal Bar No. 5236
1523 Yale Street
Houston, Texas 77008
713-581-3399
713-581-3360 (Facsimile)
ctritico@triticorainey.com
ATTORNEY FOR PETITIONER
SANDRA RAMIREZ

Sandra Ramirez hereby states under penalty of perjury that the foregoing petition is true and
~ accurate.

7/7/2022

Sandra Kamiry

Sandra Ramirez Date


CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been
forwarded to all attorneys via the Court’s electronic notification system on this the
7" day of July 2022.

/s/ Christopher L. Tritico
Christopher L. Tritico

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