Order Granting Interlocutory Sale of 1829 La Calera Avenue, North Las Vegas — United States v. Dezfooli

Summary

An Order Granting United States of America's Motion for an Interlocutory Order Sale of real property in North Las Vegas, Nevada, in United States v. Meelad Dezfooli, Case No. 2:22-cr-00142-CDS-DJA, in the U.S. District Court for the District of Nevada, Document 252, filed September 10, 2024 (ECF No. 132). The motion, dated April 2, 2024, states that the property is in the name of Sanam Limited, is subject to criminal forfeiture, and carries taxes and HOA fees that accrue against its value, with $26,272.54 in past due property taxes as of April 2, 2024. It requests authorization to proceed with a private sale and cites appraisal estimates of $550,700, $525,912 and $568,395. The order ends with "IT IS SO ORDERED" over the name of United States District Judge Cristina D. Silva, dated September 10, 2024.

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“Order Granting Interlocutory Sale of 1829 La Calera Avenue, North Las Vegas — United States v. Dezfooli.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-plaintiff-v-meelad-dezfooli-dkt-252-ad9169aced/, SHA-256 f0998ec352ef13444ca68f72b2ffd48f9269a751fe944c8d372a0271266b5fbe.

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Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 1 of 11

8
UNITED STATES DISTRICT COURT
9 DISTRICT OF NEVADA
10 UNITED STATES OF AMERICA, Case No. 2:22-cr-00142-CDS-DJA
11 Plaintiff Order Granting United States of
America’s Motion for an Interlocutory
12 v. Order Sale of 1829 La Calera Avenue,
North Las Vegas, Nevada 89084
13 MEELAD DEZFOOLI,
[ECF No. 132]
14 Defendant

16 The United States moves this Court to issue an Order for an Interlocutory Sale of

17 the real property held in the name of Sanam Limited, which was transferred to the care of

18 the Trustee for the Clark County Treasurer, located at 1829 La Calera Ave, North Las

19 Vegas, Nevada 89084 (1829 La Calera), which is subject to criminal forfeiture. Meelad
1 2

20 Dezfooli identified himself as the sole owner of Sanam Limited.
3

21 The grounds for granting the Order for an Interlocutory Sale of 1829 La Calera are as

22 follows. First, 1829 La Calera is subject to taxes, its fees, and HOA fees, and the granting of

23 an interlocutory sale will stop the accruing of taxes, its fees, and HOA fees against its value.

24 1
1829 LA CALERA AVENUE, NORTH LAS VEGAS, NEVADA, 89084, MORE
25 PARTICULARLY DESCRIBED AS:
LOT FIFTY-FIVE (55) OF ELDORADO R1-60 NO. 13 TM NO. 21, AS SHOWN BY
26 MAP THEREOF ON FILE IN BOOK 123 OF PLATS, PAGE 42, IN THE OFFICE
OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA; TOGETHER
27 WITH ALL IMPROVEMENTS AND APPURTENANCES THEREON, APN: 124-
21-314-055 (property).
28
2
Superseding Criminal Indictment (SCI), ECF No. 97.
3
SCI, ECF No. 97, p. 2.
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 2 of 11

1 Second, granting an interlocutory sale will avoid accidents and liability accruing against

2 1829 La Calera. Third, this Court is authorized to approve interlocutory sales.

3 This Motion is made and is based on the papers and pleadings on file herein, the

4 attached Memorandum of Points and Authorities, and the attached Exhibit.

5 MEMORANDUM OF POINTS AND AUTHORITIES

6 I. STATEMENT OF FACTS

7 The government incorporates the facts of the Superseding Criminal Indictment and

8 the Motion to Prevent Foreclosure of 1829 La Calera Ave. 4

9 On or around May 22, 2020, Dezfooli, on behalf of Sanam Limited, purchased 1829

10 La Calera 5 with illegally obtained proceeds from his PPP scheme.6

11 On July 12, 2022, the United States filed Notices of Lis Pendens with this Court for

12 all five real properties subject to forfeiture as identified in the Criminal Indictment: 6116

13 Chinook Way; 7 6033 Watermelon Street, Las Vegas, Nevada, 89081;8 1829 La Calera

14 Avenue, North Las Vegas, Nevada, 89084;9 890 Harbor Avenue, Henderson, Nevada

15 89002; 10 and 176 Glen Falls Avenue, Henderson, Nevada 89002. 11

16 On December 12, 2023, a Ten-Count Superseding Criminal Indictment was returned

17 charging Dezfooli with three counts of bank fraud in violation of 18 U.S.C. § 1344(2), three

18 counts of concealment money laundering in violation of 18 U.S.C. § 1956(a)(1)(B)(i), and

19 four counts of monetary transactions in criminally derived property in violation of 18

20 U.S.C. § 1957. 12

22 4
LR IA 10-3(a); SCI, ECF No. 97; Motion to Prevent HOA Eldorado Third Community
23 Association’s Default Foreclosure Sale of 1829 La Calera Avenue, North Las Vegas,
Nevada, 89084 (Motion), ECF No. 60, pgs. 1-5; Exs. 3-1, 4-1, 4-2, 7-1 books 1-5 and
24 property tracing, 11-1, 11-2, and 11-3.
5
Motion, ECF No. 60, p. 4 and Exs. 3-1, 4-1, 4-2, 7-1 books 1-5 and property tracing, 11-1,
25 11-2, and 11-3.
6
SCI, ECF No. 97, p. 16-19; see footnotes 4 and 5.
26
7
Lis Pendens, ECF No. 8.
8
Lis Pendens, ECF No. 9.
27
9
Lis Pendens, ECF No. 10.
10
Lis Pendens, ECF No. 11.
28
11
Lis Pendens, ECF No. 12.
12
SCI, ECF No. 97.
2
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 3 of 11

1 In the Superseding Criminal Indictment, forfeiture is alleged under 18 U.S.C.

2 § 981(a)(1)(C) with 28 U.S.C. § 2461(c) and 18 U.S.C. § 982(a)(2)(A) for Counts One

3 through Three and identified 1829 La Calera, four other real properties, a 2021 Tesla, and a

4 2021 Bentley as forfeitable property, and a criminal forfeiture money judgment of at least

5 $11.2 million. 13 At his arraignment, Dezfooli plead not guilty to all ten Counts; 14 a jury trial

6 is currently set for August 26, 2024.15

7 On June 9, 2021, Clark County deeded the property to the treasury for unpaid

8 taxes. 16 The Clark County Treasurer informed the United States that it will not proceed with

9 selling the property until the United States’ interests are resolved. As of April 2, 2024,

10 Dezfooli owes $26,272.54, in past due property taxes.17

11 On June 8, 2022, the HOA recorded a notice of default and election to sell under

12 notice of delinquent assessment lien.18 On August 14, 2023, the United States filed a motion

13 to prevent the HOA from foreclosing. 19 On October 31, 2023, the Court entered a minute

14 order granting the motion to prevent the foreclosure. 20

15 II. ARGUMENT

16 This Court has authority to issue the Interlocutory Order of Sale. “At any time

17 before entry of a final forfeiture order, the court, in accordance with Supplemental Rule

18 G(7) of the Federal Rules of Civil Procedure, may order the interlocutory sale of property

19 alleged to be forfeitable.” 21

20 On motion by a party or a person having custody of the property, the court may order all
or part of the property sold if: (A) the property is perishable or at risk of deterioration,
21 decay, or injury by being detained in custody pending the action; (B) the expense of
keeping the property is excessive or is disproportionate to its fair market value; (C) the
22

24
13
Id., p. 16-19.
14
Initial Appearance/Arraignment & Plea, ECF No. 104.
25
15
Order to Continue, ECF No. 131.
16
Motion, ECF No. 60, Ex. A.
26
17
Ex. C, Property Account Inquiry, Clark County Treasurer, attached hereto and
incorporated as if fully set forth herein.
27
18
Motion, ECF No. 60, Exs. A and B.
19
Motion, ECF No. 60.
28
20
Minute Order, ECF No. 76.
21
Fed. R. Crim. P. 32.2(b)(7).
3
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 4 of 11

1 property is subject to a mortgage or to taxes on which the owner is in default; or (D) the
court finds other good cause. 22
2

3 Only one of the grounds for interlocutory sale is required since Supplemental Rule G(7)(b)
4 is disjunctive.23
5 Two reasons for the interlocutory sale apply in this case regarding the property: (1)
6 the property is subject to HOA fees, taxes, assessments, special assessment, late fees,
7 interest, penalties, and their continual accrual against the real property’s value and (2) the
8 court finds other good cause, (a) stopping the accruing of all the HOA fees, taxes,
9 assessments, late fees, interest, penalties, and the continual accrual of the fees against the
10 real property’s value and (b) avoiding accidents and liability accruing against the real
11 property. 24 In 479 Tamarind Drive, 25 the court granted the interlocutory sale because the
12 property had “[m]ore than $40,437.55 in taxes… currently due… raising the risk that the
13 County may move to impose a lien and thereby diminish the property’s value to the
14 Government should this forfeiture action succeed.” 26 The La Calera property’s value is
15 decreasing rapidly. The County has already deeded the property for past due taxes and the
16 HOA moved to foreclose due to unpaid fees.
17 The accruing HOA fees, taxes, assessments, special assessment, late fees, interest,
18 and penalties are decreasing the property’s equity. In United States v. Fisch, 27 the
19 Interlocutory Sale was granted due to the accumulation of past due taxes. 28 In Fisch, the
20 property was substitute property and was divisible with the defendant’s wife. 29 Here the
21 22
Supp. R. G(7)(b) (paragraphs omitted).
22
23
See Shelter Cove Marina, Ltd. v. M/Y ISABELLA, No. 3:17-cv-01578-GPC-BLM, 2017 WL
5906673, 2 (S.D. Cal. Nov. 30, 2017) (explaining that another Supplemental Rule for
23 interlocutory sale with similar language is disjunctive); Cal. Yacht Marina-Chula Vista, LLC v.
S/V OPILY, No. 14-cv-1215-BAS-BGS, 2015 WL 1197540, 2 (S.D. Cal. Mar. 16, 2015)
24 (explaining the same).
24
Supplemental Rule G(7)(b); Fed. R. Crim. P. 32.2(b)(7); See United States v. One Parcel of
25 Real Prop. Described as Lot 41, Berryhill Farm Estates, 128 F.3d 1386, 1389–90 (10th Cir. 1997).
25
United States v. All Right, Title & Interest in Prop., Appurtenances, & Improvements Known as 479
26 Tamarind Drive, Hallendale, Fla., 98 CIV. 2279 DLC, 2012 WL 3886698, 2 (S.D.N.Y. Sept.
7, 2012).
27
26
Id. at 2.
27
United States v. Fisch, No. H-11-722, 2016 WL 4702588 (S.D. Tex. Sep. 8, 2016).
28
28
Id. at 2.
29
Id.

4
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 5 of 11

1 property was purchased with illegal proceeds and the whole amount is subject to forfeiture

2 after the tax lien and fees are paid.

3 If an accident occurred on the property, that would rapidly decrease the property’s

4 equity. The government seeks to preserve as much of the equity as possible for the forfeiture

5 proceedings. 30 The sale proceeds of the real property will be the “substitute res subject to

6 forfeiture in place of the property that was sold[, and] the United States must maintain them

7 in an interest-bearing account.” 31

8 “A sale must be made by a United States agency that has authority to sell the

9 property, by the agency’s contractor, or by any person the court designates.” 32 The

10 government recommends this Court authorize Doug Sawyer to sell the property under “28

11 U.S.C. §§ 2001, 2002, and 2004.” 33

12 III. JUDICIAL SALES PROCEDURE

13 If a court orders an interlocutory sale of property over the objection of any interested

14 party, the sale must comply with the provisions of 28 U.S.C. §§ 2001 and 2002. These

15 statutes provide procedural safeguards to ensure that court-ordered sales are made on terms

16 that best preserve the parties’ interests. Section 2001(a) authorizes public sales of property

17 and sales by court-appointed receivers. Section 2001(b) permits private sales of property for

18 cash or other consideration after a hearing of which notice to all interested parties shall be

19 given by publication, or as otherwise directed by the court, and after the court finds that the

20 best interests of the estate will be conserved thereby.

21 By this Motion, the United States requests authorization to proceed with a private

22 sale of the above-listed property. Based upon the reasons set forth herein, the United States

23 believes that a prompt sale of the property by the United States, followed promptly by

24 releasing the proceeds to the United States affords the best protection to all concerned. The

25 30
United States v. Haley, No. 11–CR–0540–WDQ, 2011 WL 6202787, 1 (D. Md. Dec. 8,
26 2011) (granting the interlocutory sale to avoid liability for accidents and to “avoid falling in
arrears on the payment of applicable property taxes.”).
27
31
Supplemental Rule G(7)(b)(iv) (brackets added); United States v. King, No. 10 CR. 122
(JGK), 2010 WL 4739791, 4 (S.D.N.Y. Nov. 12, 2010).
28
32
Supp. R. G(7)(b)(ii).
33
Supp. R. G(7)(b)(iii).

5
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 6 of 11

1 United States believes that a private sale versus a public sale will allow the United States the

2 discretion to sell the property in the most commercially feasible manner and maintain the

3 most value for Dezfooli.

4 As required by 28 U.S.C. § 2001(b), notice of the Government’s Motion must be

5 given by publication or otherwise as this Court directs. The sale of the property through the

6 multiple listing service and other major internet websites for real property meets the

7 requirements of 18 U.S.C. §§ 2001, 2002, and 2004.

8 Under 28 U.S.C. § 2001(b), three disinterested persons must appraise the properties.

9 To meet that requirement, the United States has obtained the following neutral appraisal

10 estimates as of April 2, 2024:

11 1. Zillow.com for $550,700;

12 2. Realtor.com for $525,912; and

13 3. Redfin.com for $568,395.

14 IV. CONCLUSION

15 Based on the foregoing reasons, this Court should order the interlocutory sale of

16 1829 La Calera Avenue, North Las Vegas, Nevada 89084, and to authorize the United

17 States Treasury to direct its contractor to designate a real estate broker or agent to sell it

18 through one of the approved sale methods.

19 Dated: April 2, 2024.
Respectfully submitted,
20 JASON M. FRIERSON
United States Attorney
21
/s/ Daniel D. Hollingsworth
22 DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
23
IT IS SO ORDERED:
24

25
Cristina D. Silva
26 United States District Judge
27
Dated: September 10, 2024
28

6
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 7 of 11

1 JASON M. FRIERSON
United States Attorney
2 Nevada Bar No. 7709
DANIEL D. HOLLINGSWORTH
3 Assistant United States Attorney
Nevada Bar No. 1925
4 501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
5 (702) 388-6336
Daniel.Hollingsworth@usdoj.gov
6 Attorneys for the United States

8
UNITED STATES DISTRICT COURT
9 DISTRICT OF NEVADA
10 UNITED STATES OF AMERICA,
Case No. 2:22-cr-00142-CDS-DJA
11 Plaintiff
Index of Exhibits
12 v.

13 MEELAD DEZFOOLI,

14 Defendant
15

16 Exhibit C ........................................... Property Account Inquiry, Clark County Treasurer

28
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 8 of 11

1 Exhibit C – Property Account Inquiry, Clark County Treasurer

28 Exhibit C – Property Account Inquiry, Clark County Treasurer

2
4/2/24, 12 40 PM Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 9 of 11

Property Account Inquiry - Summary Screen
New Search View Cart
Parcel ID 124 21 314 055 Tax Year 2024 District 250 Rate 3 3544

Situs Address 1829 LA CALERA AVE NORTH LAS VEGAS
Legal Description ASSESSOR DESCRIPTION ELDORADO R1 60 #13 TM #21 PLAT BOOK 123 PAGE 42 LOT 55 GEOID PT
N2 SW4 SEC 21 19 61

Status Property Characteristics Property Values Property Documents
Active Tax Cap Land 42700 2020122200251 12/22/2020
80
Taxable Increase Pct Improvements 142131 2008091103182 9/11/2008
Delinquent Tax Cap Limit Total Assessed Value 184831 2002030801983 3/8/2002
3993 75
Amount
Net Assessed Value 184831
Tax Cap
2206 22 Exemption Value New
Reduction 0
Construction
1 10 Single
Land Use Family New Construction
0
Residential Supp Value
Cap Type OTHER
Acreage 0 1400
Exemption
0 00
Amount

Role Name Address Since To
SANAM C/O TRUSTEE CLARK COUNTY TREASURER 34 SANDWEDGE DR ,
Owner 10/4/2022 Current
LIMITED HENDERSON, NV 89074 UNITED STATES

Summary
Item Amount
Taxes as Assessed $6,199 97
Less Cap Reduction $2,206 22
Net Taxes $3,993 75

PAST AND CURRENT CHARGES DUE TODAY
Tax Year Charge Category Amount Due Today
2024 Property Tax Principal $3,993.75
2024 Las Vegas Artesian Basin $3 03
2024 Property Tax Penalty $599.73
2024 MAILING FEE $2 00
2023 Property Tax Principal $3,697.92
2023 Las Vegas Artesian Basin $3 08
2023 Property Tax Penalty $555.34
2023 Property Tax Interest $539 82
2023 Advertising Fee $7.00
2023 MAILING FEE $2 00
2022 Property Tax Principal $3,424.00
https //trweb co clark nv us/WEP summary asp?Parcel 124 21 314 055 1/3
4/2/24, 12 40 PM Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 10 of 11
2022 Las Vegas Artesian Basin $3 06
2022 Property Tax Penalty $514.26
2022 Property Tax Interest $842 57
2022 Advertising Fee $7.00
2022 MAILING FEE $2 00
2021 Property Tax Principal $3,179.20
2021 Las Vegas Artesian Basin $2 42
2021 Property Tax Penalty $477.44
2021 Property Tax Interest $1,100 38
2021 Advertising Fee $7.00
2021 MAILING FEE $14 00
2020 Property Tax Principal $3,086.60
2020 Las Vegas Artesian Basin $1 76
2020 Property Tax Penalty $463.40
2020 Property Tax Interest $1,376 94
2020 Advertising Fee $7.00
2020 MAILING FEE $2 00
2019 Property Tax Principal $1,472.62
2019 Property Tax Penalty $103 09
2019 Property Tax Interest $773.13
2019 Advertising Fee $7 00
2019 MAILING FEE $2.00
CURRENT AMOUNTS DUE as of 4/2/2024 $26,272.54

NEXT INSTALLMENT AMOUNTS
Tax Year Charge Category Installment Amount Due
THERE IS NO NEXT INSTALLMENT AMOUNT DUE as of 4/2/2024

TOTAL AMOUNTS DUE FOR ENTIRE TAX YEAR
Tax Year Charge Category Remaining Balance Due
2024 Property Tax Principal $3,993 75
2024 Las Vegas Artesian Basin $3.03
2024 Property Tax Penalty $599 73
2024 MAILING FEE $2.00
2023 Property Tax Principal $3,697 92
2023 Las Vegas Artesian Basin $3.08
2023 Property Tax Penalty $555 34
2023 Property Tax Interest $539.82
2023 Advertising Fee $7 00
2023 MAILING FEE $2.00
2022 Property Tax Principal $3,424 00
2022 Las Vegas Artesian Basin $3.06
2022 Property Tax Penalty $514 26
2022 Property Tax Interest $842.57
2022 Advertising Fee $7 00
2022 MAILING FEE $2.00
2021 Property Tax Principal $3,179 20
2021 Las Vegas Artesian Basin $2.42
2021 Property Tax Penalty $477 44
2021 Property Tax Interest $1,100.38
2021 Advertising Fee $7 00
2021 MAILING FEE $14.00
2020 Property Tax Principal $3,086 60
2020 Las Vegas Artesian Basin $1.76
2020 Property Tax Penalty $463 40
2020 Property Tax Interest $1,376.94
2020 Advertising Fee $7 00

https //trweb co clark nv us/WEP summary asp?Parcel 124 21 314 055 2/3
Case 2:22-cr-00142-CDS-DJA Document 252 Filed 09/10/24 Page 11 of 11

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