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Home Court filings Jorge Abramovs case — U.S. District Court, D. Nev. Preliminary Order of Forfeiture — United States v. Abramovs (Dkt. 50, D. Nev.)

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Preliminary Order of Forfeiture — United States v. Abramovs (Dkt. 50, D. Nev.)

Summary

A preliminary order of forfeiture by United States District Judge Richard F. Boulware, II in United States v. Jorge Abramovs, 2:21-CR-027-RFB-DJA, in the U.S. District Court for the District of Nevada, filed September 23, 2021 as Document 50. It finds that Abramovs pled guilty to Counts One through Three of a three-count criminal information, including bank fraud under 18 U.S.C. § 1344(2) and monetary transactions in criminally derived property under 18 U.S.C. § 1957. It forfeits property including $257,089.54, $799.22 and a 2021 BMW M850i, and enters money judgments of $1,986,737.46 and $403,906.29, with the total collected not to exceed $1,986,737.46.

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Filed September 23, 2021 in Jorge Abramovs; one of 8 filings from this case.

Record facts

CourtU.S. District Court for the District of Nevada
Filed2021-09-23

Cite this document

“Preliminary Order of Forfeiture — United States v. Abramovs (Dkt. 50, D. Nev.).” U.S. District Court for the District of Nevada, No. 2:21-cr-00027, Doc. 50, filed 2021-09-23. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-jorge-abramovs/2021-09-23-preliminary-order-of-forfeiture-dkt-50/, SHA-256 14bbcdaa53b22bd704b0e285d827dfce902391949064e9a8d7f38a928b32a31b.

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Full text

____FILED
           Case 2:21-cr-00027-RFB-DJA Document 50 Filed                ____RECEIVED
                                                         09/23/21 Page 1 of  7
                                                               ____ENTERED              ____SERVED ON
                                                                             COUNSEL/PARTIES OF RECORD



 1                                                                      SEP 23, 2021
 2
                                                                        CLERK US DISTRICT COURT
                                                                          DISTRICT OF NEVADA
 3                                                               BY:_________________________DEPUTY

 4

 5

 6                             UNITED STATES DISTRICT COURT
                                    DISTRICT OF NEVADA
 7

 8 UNITED STATES OF AMERICA,                       2:21-CR-027-RFB-DJA

 9                Plaintiff,                       Preliminary Order of Forfeiture

10         v.

11 JORGE ABRAMOVS,

12                Defendant.

13         This Court finds Jorge Abramovs pled guilty to Counts One through Three of a
14 Three-Count Criminal Information charging him in Count One with bank fraud in violation

15 of 18 U.S.C. § 1344(2), in Count Two with monetary transactions in criminally derived

16 property in violation of 18 U.S.C. § 1957; and in Count Three with failure to account for

17 and pay over withholding and F.I.C.A. taxes in violation of 26 U.S.C. § 7202. Criminal

18 Information, ECF No. 46
                        __; Arraignment & Plea, ECF No. 49
                                                        __; Plea Agreement, ECF No. 48
                                                                                    __.
19         This Court finds Jorge Abramovs agreed to the forfeiture of the property and the
20 imposition of the in personam criminal forfeiture money judgments set forth in the Plea

21 Agreement and the Forfeiture Allegations of the Criminal Information. Criminal

                                                       __; Plea Agreement, ECF No.48
                       __; Arraignment & Plea, ECF No. 49
22 Information, ECF No.46                                                          __.
23         This Court finds, pursuant to Fed. R. Crim. P. 32.2(b)(1) and (b)(2), the United
24 States of America has shown the requisite nexus between property set forth in the Plea

25 Agreement and the Forfeiture Allegations of the Criminal Information and Counts One and

26 Two, to which Jorge Abramovs pled guilty.

27         The following property and money judgments are (1) any property, real or personal,
28 involved in transactions or attempted transactions in violation of 18 U.S.C. § 1957, or any

            Case 2:21-cr-00027-RFB-DJA Document 50 Filed 09/23/21 Page 2 of 7



 1   property traceable to such property; (2) any property, real or personal, which constitutes or

 2   is derived from proceeds traceable to a violation of 18 U.S.C. § 1344 or any property, real or

 3   personal, which constitutes or is derived from proceeds traceable to violations of 18 U.S.C. §

 4   1344 or 18 U.S.C. § 1957, specified unlawful activities as defined in 18 U.S.C §§

 5   1956(c)(7)(A) and 1961(1)(B), or a conspiracy to commit such offenses; (3) any property,

 6   real or personal, involved in violations of 18 U.S.C. § 1957, or any property traceable to

 7   such property; and (4) any property constituting, or derived from, proceeds obtained directly

 8   or indirectly, as the result of a violation of 18 U.S.C. § 1344, affecting a financial institution,

 9   or a conspiracy to violate such offense and are subject to forfeiture pursuant to 18 U.S.C. §

10   981(a)(1)(A) with 28 U.S.C. § 2461(c); 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c);

11   18 U.S.C. § 982(a)(1); 18 U.S.C. § 982(a)(2)(A); and 21 U.S.C. § 853(p):

12                  1.     $257,089.54;

13                  2.     $799.22;

14                  3.     a 2021 BMW M850i xDrive Gran Coupe, white in color, with VIN

15                         WBAGV8C07MCF00249, bearing Nevada license plate 653M21;

16                  4.     real property located at 3726 South Las Vegas Boulevard, Unit

17                         509, Las Vegas, Nevada; and

18          MORE PARTICULARLY DESCRIBED AS:
19          PARCEL 1:
20          UNIT 509 IN BUILDING WEST IN VEER TOWERS, AS SHOWN ON
            THAT CERTAIN FINAL MAP OF THE VEER TOWERS, A RESORT
21          CONDOMINIUM SUBDIVISION ON FILE IN BOOK 142 OF PLATS,
            PAGE 42 AND AS SET FORTH IN THE DECLARATION OF
22          COVENANTS, CONDITIONS AND RESTRICTIONS AND
            RESERVATION OF EASEMENTS FOR VEER TOWERS RECORDED
23          MAY 03, 2010 IN BOOK 20100503 AS INSTRUMENT NO. 0002036,
            BOTH IN THE OFFICE OF THE COUNTY RECORDER, CLARK
24          COUNTY, NEVADA.
25          PARCEL 2:
26          AN ALLOCATED INTEREST AS A TENANT-IN-COMMON IN THE
            COMMON ELEMENTS OF VEER TOWERS (INCLUDING ANY
27          ANNEXATIONS THERETO), AS SHOWN BY THE MAP AND AS SET
            FORTH IN THE DECLARTION.
28
                                                      2

     Case 2:21-cr-00027-RFB-DJA Document 50 Filed 09/23/21 Page 3 of 7



 1   PARCEL 3:

 2   AN EXCLUSIVE EASEMENT APPURTENANT TO PARCELS 1 AND 2
     DESCRIBED ABOVE, OVER AREAS DEFINED AND DESCRIBED AS
 3   LIMITED COMMON ELEMENTS, IF ANY, ALLOCATED TO
     PARCELS 1 AND 2 IN THE DECLARATION AND AS SHOWN AND
 4   DELINEATED UPON THE MAP REFFERED TO ABOVE.

 5   PARCEL 4:

 6   NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS,
     USE AND OTHER PURPOSES ALL DESCRIBED IN THE
 7   DECLARATION AND IN THAT CERTAIN (A) DECLARTION OF
     CENTRAL PLANT EASEMENTS, DATED DECEMBER 01, 2009 AND
 8   RECORDED DECEMBER 01, 2009 IN BOOK 20091201 AS
     INSTRUMENT NO. 0002884 OF OFFICIAL RECORDS, AND AS
 9   AMENDED BY THAT CERTAIN FIRST AMENDMENT TO
     DECLARATION OF CENTRAL PLANT EASEMENTS, DATED
10   JANUARY 07, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK
     20100107 AS INSTRUMENT NO. 0000577 OF OFFICIAL RECORDS; (B)
11   PARKING AND ACCESS AGREEMENT, DATED APRIL 28, 2010 AND
     RECORDED MAY 03, 2010 IN BOOK 20100503 AS INSTRMENT NO.
12   0000515 OF OFFICIAL RECORDS; (C) DECLARATION OF SUPPORT
     AND ENCROACHMENT EASEMENTS, DATED DECEMBER 01, 2009
13   AND RECORDED DECEMBER 01, 2009 IN BOOK 20091201 AS
     INSTRUMENT NO. 0002885 OF OFFICIAL RECORDS, AND AS
14   AMENDED BY THAT CERTAIN FIRST AMENDMENT TO
     DECLARATION OF SUPPORT AND ENCROACHMENT
15   EASEMENTS, DATED JANUARY 07, 2010 AND RECORDED
     JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000578
16   OF OFFICIAL RECORDS; AND (D) DECLARATION OF LIFE SAFETY
     SYSTEMS EASEMENTS, DATED DECEMBER 01, 2009 AND
17   RECORDED DECEMBER 01, 2009 IN BOOK 20091201 AS
     INSTRUMENT NO. 0002886 OF OFFICIAL RECORDS, AND AS
18   AMENDED BY THAT CERTAIN FIRST AMENDMENT TO
     DECLARATION OF LIFE SAFETY SYSTEM EASEMENTS DATED
19   JANUARY 07, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK
     20100107 AS INSTRUMENT NO. 0000579 OF OFFICIAL RECORDS,
20   AND ALL IMPROVEMENTS AND APPURTENANCES THEREON,
     APN: 162-20-714-020.
21
           5.    real property located at 3726 South Las Vegas Boulevard, Unit
22
                 1803, Las Vegas, Clark County, Nevada, APN 162-20-714-153:
23
     MORE PARTICULARLY DESCRIBED AS:
24
     PARCEL I:
25
     UNIT ONE THOUSAND EIGHT HUNDRED THREE (1803) IN
26   BUILDING “W” IN VEER TOWERS, AS SHOWN ON THAT CERTAIN
     FINAL MAP OF THE VEER TOWERS, A RESORT CONDOMINIUM
27   SUBDIVISION ON FILE IN BOOK 142 OF PLATS, PAGE 42 (THE
     “MAP”) AND AS SET FORTH IN THE DECLARATION OF
28   COVENANTS, CONDITIONS AND RESTRICTIONS AND
                                 3

            Case 2:21-cr-00027-RFB-DJA Document 50 Filed 09/23/21 Page 4 of 7



 1          RESERVATION OF EASEMENTS FOR VEER TOWERS (THE
            “DECLARATION”), RECORDED MAY 03, 2010 IN BOOK 20100503 AS
 2          INSTRUMENT NO. 0002036, BOTH IN THE OFFICE OF THE
            COUNTY RECORDER, CLARK COUNTY, NEVADA (THE
 3          “OFFICIAL RECORDS”).

 4          PARCEL II:

 5          AN ALLOCATED INTEREST AS A TENANT-IN-COMMON IN THE
            COMMON ELEMENTS OF VEER TOWERS (INCLUDING ANY
 6          ANNEXATIONS THEREOF)AS SHOWN BY THE MAP AND AS SET
            FORTH IN THE DECLARTION.
 7
            PARCEL III:
 8
            AN EXCLUSIVE EASEMENT APPURTENANT TO PARCELS ONE (1)
 9          AND TWO (2) DESCRIBED ABOVE, OVER AREAS DEFINED AND
            DESCRIBED AS LIMITED COMMON ELEMENTS, IF ANY,
10          ALLOCATED TO PARCELS ONE (1) AND TWO (2) IN THE
            DECLARATION AND AD SHOWN AND DELINEATED UPON THE
11          MAP REFFERED TO ABOVE.

12          PARCEL IV:

13          NON-EXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS,
            USE AND OTHER PURPOSES ALL DESCRIBED IN THE
14          DECLARATION AND IN THAT CERTAIN (A) DECLARTION OF
            CENTRAL PLANT EASEMENTS, DATED DECEMBER 01, 2009 AND
15          RECORDED DECEMBER 1, 2009 IN BOOK 20091201 AS
            INSTRUMENT NO. 0002884 OF OFFICIAL RECORDS, AND AS
16          AMENDED BY THAT CERTAIN FIRST AMENDMENT TO
            DECLARATION OF CENTRAL PLANT EASEMENTS, DATED
17          JANUARY 7, 2010 AND RECORDED JANUARY 7, 2010 IN BOOK
            20100107 AS INSTRUMENT NO. 0000577 OF OFFICIAL RECORDS; (B)
18          PARKING AND ACCESS AGREEMENT, DATED APRIL 28, 2010 AND
            RECORDED MAY 3, 2010 IN BOOK 20100503 AS INSTRMENT NO.
19          0000515 OF OFFICIAL RECORDS; (C) DECLARATION OF SUPPORT
            AND ENCROACHMENT EASEMENTS, DATED DECEMBER 1, 2009
20          AND RECORDED DECEMBER 1, 2009 IN BOOK 20091201 AS
            INSTRUMENT NO. 0002885 OF OFFICIAL RECORDS, AND AS
21          AMENDED BY THAT CERTAIN FIRST AMENDMENT TO
            DECLARATION OF SUPPORT AND ENCROACHMENT
22          EASEMENTS, DATED JANUARY 7, 2010 AND RECORDED
            JANUARY 07, 2010 IN BOOK 20100107 AS INSTRUMENT NO. 0000578
23          OF OFFICIAL RECORDS; AND (D) DECLARATION OF LIFE SAFETY
            SYSTEMS EASEMENTS, DATED DECEMBER 1, 2009 AND
24          RECORDED DECEMBER 1, 2009 IN BOOK 20091201 AS
            INSTRUMENT NO. 0002886 OF OFFICIAL RECORDS, AND AS
25          AMENDED BY THAT CERTAIN FIRST AMENDMENT TO
            DECLARATION OF LIFE SAFETY SYSTEM EASEMENTS DATED
26          JANUARY 7, 2010 AND RECORDED JANUARY 07, 2010 IN BOOK
            20100107 AS INSTRUMENT NO. 0000579, AND ALL IMPROVEMENTS
27          AND APPURTENANCES THEREON, APN: 162-20-714-153.

28   (all of which constitutes property)
                                            4

            Case 2:21-cr-00027-RFB-DJA Document 50 Filed 09/23/21 Page 5 of 7



 1          and in personam criminal forfeiture money judgments of $1,986,737.46 and

 2   $403,906.29, the collected money judgment amount is not to exceed $1,986,737.46, and that

 3   the property will be applied toward the payment of the money judgments.

 4          This Court finds that on the government’s motion, the Court may at any time enter

 5   an order of forfeiture or amend an existing order of forfeiture to include subsequently

 6   located property or substitute property pursuant to Fed. R. Crim. P. 32.2(e) and

 7   32.2(b)(2)(C).

 8          The in personam criminal forfeiture money judgments comply with Honeycutt v.

 9   United States, 137 S. Ct. 1626 (2017).

10          This Court finds the United States of America is now entitled to, and should, reduce

11   the aforementioned property to the possession of the United States of America.

12          NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND

13   DECREED that the United States of America should seize the aforementioned property.

14          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the United

15   States of America recover from Jorge Abramovs in personam criminal forfeiture money

16   judgments of $1,986,737.46 and $403,906.29.

17          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED all possessory

18   rights, ownership rights, and all rights, titles, and interests of Jorge Abramovs in the

19   aforementioned property are forfeited and are vested in the United States of America and

20   shall be safely held by the United States of America until further order of the Court.

21          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the United States

22   of America shall publish for at least thirty (30) consecutive days on the official internet

23   government forfeiture website, www.forfeiture.gov, notice of this Order, which shall

24   describe the forfeited property, state the time under the applicable statute when a petition

25   contesting the forfeiture must be filed, and state the name and contact information for the

26   government attorney to be served with the petition, pursuant to Fed. R. Crim. P. 32.2(b)(6)

27   and 21 U.S.C. § 853(n)(2).

28   ///
                                                     5

            Case 2:21-cr-00027-RFB-DJA Document 50 Filed 09/23/21 Page 6 of 7



 1          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any individual

 2   or entity who claims an interest in the aforementioned property must file a petition for a

 3   hearing to adjudicate the validity of the petitioner’s alleged interest in the property, which

 4   petition shall be signed by the petitioner under penalty of perjury pursuant to 21 U.S.C §

 5   853(n)(3) and 28 U.S.C. § 1746, and shall set forth the nature and extent of the petitioner’s

 6   right, title, or interest in the forfeited property and any additional facts supporting the

 7   petitioner’s petition and the relief sought.

 8          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a petition, if any,

 9   must be filed with the Clerk of the Court, 333 Las Vegas Boulevard South, Las Vegas,

10   Nevada 89101, no later than thirty (30) days after the notice is sent or, if direct notice was

11   not sent, no later than sixty (60) days after the first day of the publication on the official

12   internet government forfeiture site, www.forfeiture.gov.

13          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED a copy of the

14   petition, if any, shall be served upon the Asset Forfeiture Attorney of the United States

15   Attorney’s Office at the following address at the time of filing:

16                  Daniel D. Hollingsworth
                    Assistant United States Attorney
17                  James A. Blum
                    Assistant United States Attorney
18                  501 Las Vegas Boulevard South, Suite 1100
                    Las Vegas, Nevada 89101.
19
20          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED the notice

21   described herein need not be published in the event a Declaration of Forfeiture is issued by

22   the appropriate agency following publication of notice of seizure and intent to

23   administratively forfeit the above-described property.

24   ///

25   ///

26   ///

27   ///

28   ///
                                                      6

            Case 2:21-cr-00027-RFB-DJA Document 50 Filed 09/23/21 Page 7 of 7



 1          IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Clerk send

 2   copies of this Order to all counsel of record and three certified copies to the United States

 3   Attorney’s Office, Attention Asset Forfeiture Unit.

 4          DATED September
                 _____________________,
                            23          2021.

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 7                                               RICHARD F. BOULWARE, II
                                                 UNITED STATES DISTRICT JUDGE
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