Order Granting Motion to Prevent the Sale of 176 Glen Falls Avenue — United States v. Dezfooli (Document 258)

Summary

Document 258 in United States of America v. Meelad Dezfooli, Case No. 2:22-cr-00142-CDS-DJA, U.S. District Court for the District of Nevada, filed 09/10/24, is captioned as an order granting the United States' motion (ECF No. 231) to prevent the sale of a Henderson, Nevada property. Its text sets out the motion, which asks the court to stop the Clark County Treasurer from a tax sale and Paradise Hills Landscape Maintenance Association, Inc. from an HOA default foreclosure sale, citing 21 U.S.C. § 853(k). The motion states that Dezfooli bought the property at public auction on or around March 24, 2021 for $452,000 under the name of Sanam Limited. It recounts the superseding indictment's bank fraud, concealment money laundering and 18 U.S.C. § 1957 counts and states that a jury trial commenced on August 26, 2024.

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“Order Granting Motion to Prevent the Sale of 176 Glen Falls Avenue — United States v. Dezfooli (Document 258).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-plaintiff-v-meelad-dezfooli-dkt-258-40a36933cd/, SHA-256 491e0e0f51a0d23cd8cc40eb4517575e550509b80e3a0aac6c49a24ea06e48e1.

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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 1 of 33

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA, Case No. 2:22-cr-00142-CDS-DJA
Plaintiff Order Granting United States of
America’s Motion to Prevent the Sale of
V. 176 Glen Falls Avenue, Henderson,
Nevada 89002
MEELAD DEZFOOLI,
Defendant [ECF No. 231]
The United States moves this Court to issue an Order to prevent the Clark County
Treasurer from pursuing a tax sale and to prevent Paradise Hills Landscape Maintenance

Association, Inc. (Paradise Hills HOA) from proceeding with a HOA default foreclosure
sale on 176 Glen Falls Avenue, Henderson, Nevada 89002 (176 Glen Falls).' 21 U.S.C. §

853(k) prohibits the Treasurer and Paradise Hills HOA from selling the property

"176 Glen Falls Avenue, Henderson, Nevada 89002, more particularly described as:
LOT 17 IN BLOCK “C” OF PARADISE HILLS NO. 16, AS SHOWN BY MAP
THEREOF ON FILE IN BOOK 97 OF PLATS, PAGE 8, IN THE OFFICE OF THE
COUNTY RECORDER OF CLARK COUNTY, NEVADA. EXCEPTING
THEREFROM ALL MINERALS, OIL, GAS PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND ALL GEOTHERMAL ENERGY
SOURCES IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE
WITHIN-DESCRIBED LAND WHICH LIE BELOW A PLANE PARALLEL TO
AND FIVE HUNDRED (500) FEET BELOW THE SURFACE OF THE WITHIN-
DESCRIBED LAND, FOR THE PURPOSE OF PROSPECTING, EXPLORATION,
DEVELOPMENT, PRODUCTION, OR EXTRACTION OF SAID SUBSTANCES
BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT;
PROVIDED, HOWEVER, THAT THE OWNER OF SAID SUBSTANCES SHALL
HAVE NO RIGHT TO ENTER THE SURFACE OF THE WITHIN-DESCRIBED
LAND NOR TO USE SAID LAND ABOVE SAID PLANE PARALLEL TO AND
FIVE HUNDRED (500) FEET BELOW THE SURFACE OF SUCH LAND;
TOGETHER WITH ALL IMPROVEMENTS AND APPURTENANCES
THEREON, APN: 179-31-212-022.
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 2 of 33

because 176 Glen Falls is subject to forfeiture in the Criminal Superseding Indictment. The
United States has authority to protect its forfeiture interest in 176 Glen Falls under 21
U.S.C. § 853(c) and 853(e)(1)(A). Accordingly, this Court should grant this Motion and
issue the Order.

This Motion is made and is based on the following Memorandum of Points and
Authorities, the pleadings and papers on file, and the attached Exhibits.’

MEMORANDUM OF POINTS AND AUTHORITIES
I. STATEMENT OF FACTS

The United States adopts and incorporates the facts stated in the Superseding
Criminal Indictment.*

Beginning on or around April 2020 and continuing until at least on or around March
2021, Meelad Dezfooli knowingly executed, and attempted to execute, a scheme to defraud
and artifice to obtain money and property owned by, and under the custody and control of,
financial institutions by means of materially false and fraudulent pretenses, representations,
and promises. Dezfooli submitted fraudulent PPP loan applications and obtained
approximately $11.2 million to unjustly enrich himself and others.’

On or around March 24, 2021, Dezfooli purchased 176 Glen Falls at public auction
for $452,000 under the name of Sanam Limited, an entity formed by Dezfooli to further his
scheme of fraudulent PPP loan applications.’ Dezfooli identified himself as the sole owner
of Sanam Limited.°

On June 22, 2022, a Grand Jury returned an Eight-Count Criminal Indictment
charging Dezfooli with bank fraud, concealment money laundering, and monetary
transactions in criminally derived property.’ On December 12, 2023, a Ten-Count

Superseding Criminal Indictment was returned charging Dezfooli with three counts of bank

* All Exhibits are attached hereto and incorporated herein by reference as if fully set forth
herein.

> LR IA 10-3(a); Superseding Criminal Indictment (SCI), ECF No. 97.

“SCI, ECF No. 97.

> SCI, ECF No. 97; Exhibit (Ex.) 14-1 Trustee’s Deed Upon Sale for 176 Glen Falls
Avenue, Henderson, Nevada 89002.

° SCI, ECF No. 97, p. 2.

’ Criminal Indictment, ECF No. 1; Minutes of Proceedings, ECF No. 3.

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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 3 of 33

fraud in violation of 18 U.S.C. § 1344(2), three counts of concealment money laundering in
violation of 18 U.S.C. § 1956(a)(1)(B)(i), and four counts of monetary transactions in
criminally derived property in violation of 18 U.S.C. § 1957.° At his arraignment, Dezfooli
plead not guilty to all ten Counts.’ A jury trial commenced on August 26, 2024.'°

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

§ 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);
and 18 U.S.C. § 982(a)(1) and 982(a)(2)(A) and identified 176 Glen Falls, four other real
properties, a 2021 Tesla, and a 2021 Bentley as forfeitable property, and criminal forfeiture
money judgments of at least $11,231,186.52, $2,303,872.56, and $965,276.11."

On July 12, 2022, the United States filed Notices of Lis Pendens with this Court for
all five real properties subject to forfeiture as identified in the Superseding Criminal
Indictment: 176 Glen Falls;'* 6116 Chinook Way, Las Vegas, Nevada, 89108;'? 6033
Watermelon Street, Las Vegas, Nevada, 89081;'* 1829 La Calera Avenue, North Las Vegas,
Nevada, 89084;'° and 890 Harbor Avenue, Henderson, Nevada 89002.'° On the same day,
the United States recorded the certified copies of each Lis Pendens for all five real
properties, including 176 Glen Falls.’

On December 1, 2022, the United States recorded a Request for Notice Under
Chapter 107 NRS with the Clark County Recorder, requesting a copy of any Notice of
Default or Notice of Sale regarding 176 Glen Falls."®

Despite the fact the United States recorded a Lis Pendens and a Request for Notice
for 176 Glen Falls, a records search from the Clark County Recorder’s website reveals that

the Clark County Treasurer took action against the United States’ interest when it recorded

8 SCI, ECF No. 97.

° Court Minutes - Arraignment & Plea, ECF No. 104.

‘0 Minutes of Proceeding, ECF No. 216.

'' SCI, ECF No. 97, p. 16-21.

” Lis Pendens, ECF No. 12.

'S Lis Pendens, ECF No. 8.

'4 Lis Pendens, ECF No. 9.

' Lis Pendens, ECF No. 10.

'© Lis Pendens, ECF No. 11.

'’ Ex, A, Recorded Certified Copy of Lis Pendens for 176 Glen Falls.
'8 Ex. B, Recorded Request for Notice for 176 Glen Falls.

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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 4 of 33

a Tax Certificate for Delinquent Taxes on January 3, 2023.’ A property inquiry of 176 Glen!
Falls from the Clark County Treasurer’s website reveals that taxes have not been paid since
March 2021 and unpaid taxes, interest, penalties, and fees have accrued to $17,359.84 as of
August 20, 2024.*° The unpaid taxes and its fees continue to accumulate against the
property and are decreasing the value of 176 Glen Falls.

On July 22, 2024, the United States Attorney’s Office received a cover letter from
Red Rock Financial Services with a copy of the Notice of Default and Election to Sell 176
Glen Falls issued by Paradise Hills HOA.*' According to the Notice, “no sale date may be
set until the ninety-first (91st) day after the recorded date and the mailing date of the Notice
of Default and Election to Sell.” The Notice of Default was recorded on July 15, 2024,
which results in a possible HOA default sale date of October 14, 2024. An amount of
$2,903.96 is owed for unpaid HOA fees as of July 9, 2024, excluding additional accruing
assessments, interests, costs, and fees.”

Despite the fact the United States recorded a Lis Pendens in July 2022, Paradise
Hills HOA still attempted to act against the United States’ interest in 176 Glen Falls when
it issued its Notice of Default and Election to Sell in July 2024.

Besides the unpaid taxes and the HOA default, additional liens have been placed
against the property that further reduces the property’s value.” The United States was
recently made aware that tenants could possibly be residing on the property which increases
risks and liability and further decreasing its value.

The Clark County Treasurer and Paradise Hills HOA are precluded from taking any
further action against the United States’ interest in 176 Glen Falls under 21 U.S.C.

§ 853(k).
///
///

'? Ex. C, Clark County Recorder Property Search for 176 Glen Falls.
°° Ex. D, Clark County Treasurer, Property Account Inquiry for 176 Glen Falls.
Ex. E, Notice of Default and Election to Sell 176 Glen Falls.
Id.
3 Ex. C.
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 5 of 33

Hl. ARGUMENT

A. This Court Has Authority to Prevent the County Treasurer from Advancing with
a Tax Sale and Paradise Hills HOA from Proceeding with a Default Foreclosure Sale
under 21 U.S.C. § 853(k).

The United States recorded a Lis Pendens for 176 Glen Falls on July 12, 2022,
notifying the world, including the Treasurer and Paradise Hills HOA, that the government
was litigating the real property in a criminal action. When the grand jury returns a criminal
indictment, the government is authorized to forfeit any of the defendant’s property, “which

constitutes or is derived from proceeds traceable to [the crime], or a conspiracy to commit

9924 66

such offense[;] constituting, or derived from, proceeds... obtained directly or indirectly,

as the result of” the crime, “or a conspiracy to violate” such offense, “affecting a financial

9925 Ges

institution[;] involved in a transaction or attempted transaction in violation of [the

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crime], or any property traceable to such property|;]”*° or “involved in [the crime], or any

property traceable to such property.”
To prevent third parties claiming an interest in forfeitable property from interfering
with the orderly conduct of criminal cases, Congress prohibits third parties from

commencing actions against the interest of the United States in forfeitable property after an

indictment has been filed.

Except as provided in subsection (n), no party claiming an interest in property
subject to forfeiture under this section may - -

(2) commence an action at law or equity against the United States concerning
the validity of his alleged interest in the property subsequent to the filing of an
indictment or information alleging that the property is subject to forfeiture
under this section.”

In MacInnes, the Ninth Circuit expressly held a foreclosure sale is “an action at law

or equity against the United States in contravention of § 853(k).””? Under 21 U.S.C.

418 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c) (brackets added).

°° 18 U.S.C. § 982(a)(2)(A) (brackets and ellipsis added).

*° 18 U.S.C. § 981(a)(1)(A) with 28 U.S.C. § 2461(c) (brackets added).

718 U.S.C. § 982(a)(1).

*8 21 U.S.C. § 853(k)(2) (ellipses added).

*? United States v. MacInnes, 223 F. App’x 549, 550, 553-54 (9th Cir. 2007) (per curiam)
(citing United States v. Phillips, 185 F.3d 183,187-88 (4th Cir. 1999) (holding “the foreclosure
action constituted ‘an action at law or equity against the United States’ and was statutorily
barred under § 853(k)” quoting 21 U.S.C. § 853(k)); United States v. Lazarenko, 476 F.3d 642,

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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 6 of 33

§ 853(c), (k), and (n), advancing with a tax sale or any other proceeding against the United
States’ interest in 176 Glen Falls, a forfeitable property, is an action against the United
States, outside the confines of the exclusive ancillary procedure of § 853(n) and Fed. R.
Crim. P. 32.2(c), and is, therefore, barred.*°

“Section 853(n) provides the process for vindicating a third party's interests in
forfeited property. The law appears settled that an ancillary proceeding constitutes the only
avenue for a third party claiming an interest in seized property.”*' When a property is
forfeitable in a criminal indictment, third parties are prohibited from foreclosing on that
property.” A third party’s only recourse is to petition the Court in the process identified in
§ 853(n) and Fed. R. Crim. P. 32.2(c).*°

Although the United States took appropriate measures to provide notice of its
judicial interests in 176 Glen Falls prior to the Treasurer’s Tax Certificate and prior to
Paradise Hills HOA’s Notice of Default, the HOA could commence with a default
foreclosure around October 2024, and the Treasurer could proceed with a tax sale around
January 2025. However, 21 U.S.C. § 853(k)(2) prevents them from taking further action
since 176 Glen Falls is identified as forfeitable property in the superseding criminal

indictment. The Treasurer, Paradise Hills HOA, and potential third parties, who may have

648 (9th Cir. 2007) (explaining third party cannot bring an action at law or equity) (citing
21 U.S.C. § 853(k)).

°° See Libretti v. United States, 516 U.S. 29, 44 (1995) (When the government has forfeited
property, third-party petitioners may “establish their entitlement to a return of the assets
only by means of a hearing afforded under 21 U.S.C. § 853(n).”); Lazarenko, 476 F.3d at
646-48, 650, 652; Phillips, 185 F.3d at 187-88.

3! Lazarenko, 476 F.3d at 648 (explaining “a court adjudicates a third party's interest in the
forfeited property in an ancillary proceeding after concluding the criminal case and entering
a preliminary order of forfeiture.”); Fed. R. Crim. P. 32.2(b) advisory committee's note
(bracket added) (“[T]hird party interests in a criminally forfeited property are litigated by
the court in the ancillary proceeding following the conclusion of the criminal case and the
entry of a preliminary order of forfeiture.”); 21 U.S.C. § 853(n); 18 U.S.C. § 1963(D.

°2 MacInnes, 223 F. App’x at 550, 553-54.

°° See Id.; Libretti, 516 U.S. at 44 (When the government has forfeited property, third-party
petitioners may “establish their entitlement to a return of the assets only by means of a
hearing afforded under 21 U.S.C. § 853(n).”); Fed. R. Crim. P. 32.2(b) advisory
committee’s note (brackets added) (“|T]hird party interests in a criminally forfeited
property are litigated by the court in the ancillary proceeding following the conclusion of
the criminal case and the entry of a preliminary order of forfeiture.”); 21 U.S.C. § 853(n);
18 U.S.C. § 1963(); Fed. R. Crim. P. 32.2(c).
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 7 of 33

an interest in the property, are statutorily barred from selling the property.** Their only

recourse is 21 U.S.C. § 853(n) and Fed. R. Crim. P. 32.2(c).*

B. The United States Has Authority to Protect its Forfeiture Interest in 176 Glen
Falls under 21 U.S.C. § 853(c) and 853(e)(1)(A).

The United States has authority to seek the preservation of property for forfeiture.
Under 21 U.S.C. § 853(c), the property “vests in the United States upon the commission of
the act giving rise to [the] forfeiture....”*° Under 21 U.S.C. § 853(e)(1)(A), “the court
may...take any... action to preserve the availability of property... upon the filing of an
indictment... charging a violation... for which criminal forfeiture may be ordered....”*”

In 92 Buena Vista, the Supreme Court determined that the “relation back” doctrine in
21 U.S.C. § 853(c) does not self-execute and the government does not become an owner
until after forfeiture is decreed and title is retroactively vested.** Because the United States’
interest in the property is not perfected until after forfeiture is decreed, the United States
does not have a right to prematurely cut off the interests of potential third-parties.

The Clark County Treasurer and Paradise Hills HOA may have an interest in the
property, and the United States does not seek to bypass those interests. The United States
requests this Court to prevent the Treasurer and Paradise Hills HOA from selling the
property, resulting in eliminating any potential recovery of forfeiture proceeds. The United
States has alleged that 176 Glen Falls was purchased with illegal proceeds.*” Once forfeiture
is completed the property title will vest in the United States, but only if the property is still

available. “The Government’s interest in winning undiminished forfeiture thus includes the

** MacInnes, 223 F. App’x at 550, 553-54.

°° See; Phillips, 185 F.3d at 187-88; In re America Basketball League, Inc., 317 B.R. 121, 129
(Bankr. N.D. Cal. 2004) (“Consistent with the plain language of the statute, the case law
has uniformly found that § 853(k) imposes an absolute bar to actions that assert an interest
in forfeitable property if they are commenced outside of the ancillary proceedings.”);
Libretti, 516 U.S. at 44; Lazarenko, 476 F.3d at 646-48; 650, 652.

621 U.S.C. § 853(c) (brackets added).

721 U.S.C. § 853(e)(1)(A) (ellipses added).

°8 United States v. 92 Buena Vista Ave., 507 U.S. 111, 125-26 (1993). Buena Vista is discussing
21 U.S.C. § 881(h), which has similar vesting language to 21 U.S.C. § 853(c).

»” See SCI, ECF No. 97.
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 8 of 33

objective of returning property, in full, to those wrongfully deprived or defrauded of it.”*°

The Treasurer and Paradise Hills HOA will have an opportunity to assert their interests in
the property during the ancillary proceeding.*!

Under 21 U.S.C. § 853(e), the Court has the discretion to issue protective orders at
the request of the government.” “Whatever discretion Congress gave the district courts in
§ 853(e) and 853(c), that discretion must be cabined by the purposes for which Congress
created it: to preserve the availability of property for forfeiture.” *

This Court is authorized to prevent the Treasurer and Paradise Hills HOA from
proceeding with a sale of the property to preserve the United States’ interests and rights to
the property.

Il. CONCLUSION

For the foregoing reasons, this Court should enter an Order prohibiting the Clark

County Treasurer with a tax sale and prohibiting Paradise Hills HOA from a default

foreclosure sale of 176 Glen Falls Avenue, Henderson, Nevada 89002.

Dated: August 28, 2024.
JASON M. FRIERSON
United States Attorney
/s/ Daniel D. Hollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

LZ pg

CRIT D. SILVA
UN TED STATES DISTRICT JUDGE

Dated: September 10, 2024

“° Caplin & Drysdale v. United States, 491 U.S. 617, 629 (1989); United States v. Lillard, 57
F.4th 729, 734-36 (9th Cir. 2023).

“' Fed. R. Crim. P. 32.2(c); 21 U.S.C. § 853(n); Libretti, 516 US. at 44 (When the
government has forfeited property, third-party petitioners may “establish their entitlement
to a return of the assets only by means of a hearing afforded under 21 U.S.C. § 853(n).”);
United States v. Hooper, 228 F.3d 818, 821 (9th Cir. 2000) (After the government forfeits
property, third parties may assert a third-party petition with the court to litigate their
interests.);

” United States v. Crozier, 777 F.2d 1376, 1382 (9th Cir. 1985).

‘8 United States v. Monsanto, 491 U.S. 600, 613 (1989) (quotation marks and ellipsis omitted);
see United States v. 849 NW Wall Street, Bend, Oregon, co7-359Z, 2008 U.S. Dist. Lexis
104313, 6-7 (W.D. Wash. December 17, 2008).

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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 9 of 33

JASON M. FRIERSON
United States Attorney

Nevada Bar Number 7709
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
Nevada Bar No. 1925
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
(702) 388-6336
Attorneys for the United States
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA, 2:22-CR-142-CDS-DJA
Plaintiff, Index of Exhibits
Vv.
MEELAD DEZFOOLIT,
Defendant.
Exhibit 14-1 oo... cceeeeseeeeeeeeeees Trustee’s Deed Upon Sale for 176 Glen Falls Ave.
Exhibit Ao... cccececcccccccceeeeeeeeeeeeeeeeeeeeeaea Recorded Lis Pendens for 176 Glen Falls Ave.
Exhibit Boo... ceceeeecccecceeeeeeeeeseeeees Recorded Request for Notice for 176 Glen Falls Ave.
Exhibit C oo... Clark County Recorder, Property Search for 176 Glen Falls Ave.
Exhibit D ....... Clark County Treasurer, Property Account Inquiry for 176 Glen Falls Ave.
Exhibit Foo... eccceccccccceeeeeesseeeeeeceeeeeeeeasaaeeees Paradise Hills HOA Notice of Default and
Election to Sell 176 Glen Falls Ave.
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 10 of 33

Exhibit 14-1 — Trustee’s Deed Upon Sale for 176 Glen Falls Ave.

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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 14 of 33

Exhibit A — Recorded Lis Pendens for 176 Glen Falls Ave.

Exhibit A — Recorded Lis Pendens for 176 Glen Falls Ave.
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24; Page Ady 963)02078

Fees: $42.00
07/12/2022 02:45:13 PM
Receipt #: 5052303

Requestor:
UNITED STATES ATTORNEYS O

RECORDING COVER PAGE Recorded By: SCHIABLE Pgs: 4
(Must be typed or printed clearly in BLACK ink only Debbie Conway
and avoid printing in the 1” margins of document) CLARK COUNTY RECORDER

Src: FRONT COUNTER
APN# |74->%1- 212-022

-_ Ofc: MAIN OFFICE
(11 digit Assessor’s Parcel Number may be obtained at:

TITLE OF DOCUMENT
(DO NOT Abbreviate)

Document Title on cover page must appear EXACTLY as the first page of the document
to be recorded.

RECORDING REQUESTED BY:

RETURNTO:Name AUVWHO Lee

Address ‘tlON Ci Ty Piewy

MAIL TAX STATEMENT TO: (Applicable to documents transferring real property)

Name

Address

City/State/Zip

This page provides additional information required by NRS 111.312 Sections 1-2.

To print this document properly, do not use page scaling.
P:\Common\Forms & Notices\Cover Page Template Oct2017
FILED _____RECEIVED
ENTERED ___ SERVED ON
JASON M. FRIERSON COUNSELIPARTIES OF RECORD
United States Attorney
Sp er hea oe 7709 JUL 12 2022
Assistant United States Attorney T COURT
501 Las Vegas Boulevard South, Suite 1100 CLERK US DISTRIC
Las Vegas, Nevada 89101 DISTRICT OF NEVADA
Telephone: (702) 388-6336 . BY: DEPUTY
Email: eric.schmale@usdoj.gov

DEBORAH CONNOR

Chief, Money Laundering and Asset Recovery Section
Criminal Division, U.S. Department of Justice

D. ZACHARY ADAMS

Trial Attorney

1400 New York Ave NW

Washington, D.C. 20005

Telephone: (202) 514-1263

Email: david.zachary.adams@usdoj.gov

Attorneys for the United States
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERICA, 2:22-CR-142-RFB-DJA

Plaintiff, ‘Lis Pendens

MEELAD DEZFOOLI,

Defendant

176 GLEN FALLS AVENUE,
HENDERSON, NEVADA, 89002,
MORE PARTICULARLY
DESCRIBED AS:

15.

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BELOW THE SURFACE OF THE
WITHIN-DESCRIBED LAND, FOR THE
PURPOSE OF PROSPECTING,
EXPLORATION, DEVELOPMENT,
PRODUCTION, OR EXTRACTION OF
SAID SUBSTANCES BY MEANS OF
MINES, WELLS, DERRICKS, AND/OR
OTHER EQUIPMENT: PROVIDED,
HOWEVER, THAT THE OWNER OF
SAID SUBSTANCES SHALL HAVE
THE RIGHT TO ENTER THE
SURFACE OF THE WITHIN-
DESCRIBED LAND NOR TO USE SAID
LAND ABOVE SAID PLANE
PARALLEL TO AND FIVE HUNDRED
(S00) FEET BELOW THE SURFACE OF
SUCH LAND; TOGETHER WITH ALL
IMPROVEMENTS AND
APPURTENANCES THEREON, APN:
179-31-212-022.

NOTICE IS HEREBY GIVEN that an action has been commenced in the above-

entitled Court on Criminal Indictment of the United States of America to secure the judicial

forfeiture of the real property known as 176 Glen Falls Avenue, Henderson, Nevada, 89002,

more particularly described as:

LOT 17 IN BLOCK “C” OF PARADISE HILLS NO. 16, AS SHOWN BY
MAP THEREOF ON FILE IN BOOK 97 OF PLATS, PAGE 8 IN THE
OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY,
NEVADA, EXCEPTING THERFROM ALL MINERALS, OIL, GAS,
PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL
GEOTHERMAL ENERGY SOURCES IN OR UNDER OR WHICH
MAY BE PRODUCED FROM THE WITHIN-DESCRIBED LAND
WHICH LIE BELOW A PLANE PARALLEL TO AND FIVE HUNDRED
(500) FEET BELOW THE SURFACE OF THE WITHIN-DESCRIBED
LAND, FOR THE PURPOSE OF PROSPECTING, EXPLORATION,
DEVELOPMENT, PRODUCTION, OR EXTRACTION OF SAID
SUBSTANCES BY MEANS OF MINES, WELLS, DERRICKS, AND/OR
OTHER EQUIPMENT: PROVIDED, HOWEVER, THAT THE OWNER
OF SAID SUBSTANCES SHALL HAVE THE RIGHT TO ENTER THE
SURFACE OF THE WITHIN-DESCRIBED LAND NOR TO USE SAID
LAND ABOVE SAID PLANE PARALLEL TO AND FIVE HUNDRED
(500) FEET BELOW THE SURFACE OF SUCH LAND; TOGETHER
WITH ALL IMPROVEMENTS AND APPURTENANCES THEREON,
APN: 179-31-212-022.

///
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to the United States of America under 18 U.S.C. § 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), 18 U.S.C. § 982(a)(1), and 18 U.S.C. §
982(a)(2)(A) for violations of 18 U.S.C. §§ 1344, 1956(a)(1)(B)(i), and 1957.
Dated: July __, 2022.
Respectfully submitted,

JASON M. FRIERSON
United States Attorney

TIL

D-ZACHARY AYAMS
Trial Attorney

STATE OF NEVADA )
) ss
COUNTY OF CLARK )

On this / Z day of Ju LY 2022, D. ZACHARY ADAMS, a person
personally known to me or proven to me by satisfactory evidence, appeared before
me, aN Public, and executed the foregoing Lis Pendens in my presence.

MICHAEL GARTH
NOTARY PUBLIC
STATE OF NEVADA
7h, APPT. NO. 15-1824-1
MY APPT. EXPIRES MAY 24, 2023

NOTARY PUBLIC ———

thereby attest and certify on -
that the foregoing document is @ full, true
and correct copy of the origina! on file in my

legal custody.

CLERK, U.S. DISTRICT COURT
DISTRICT OF NEVADA
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 19 of 33

Exhibit B — Recorded Request for Notice for 176 Glen Falls Ave.

4
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page f

Fees: $42.00
12/01/2022 01:42:07 PM
Receipt #: 5170062

Requestor:
US Attorneys Office NV
RECORDING COVER PAGE Recorded By: DROY Pgs: 3
(Must be typed or printed clearly in BLACK ink only Debbie Co nway
and avoid printing in the 1” margins of document) CLARK COUNTY RECORDER
179-31-212-022 Src: ERECORD
APN# Ofc: ERECORD

(11 digit Assessor’s Parcel Number may be obtained at:
http://redrock.co.clark.nv.us/assrrealprop/ownr.aspx)

TITLE OF DOCUMENT
(DO NOT Abbreviate)

Request for Notice

Document Title on cover page must appear EXACTLY as the first page of the document
to be recorded.

RECORDING REQUESTED BY:
Daniel Hollingsworth

RETURN TO: Name Daniel Hollingsworth, Assistant United States Atty

; 501 Las Vegas Blvd, South
Las Vegas, NV 89101

Addres:

City/State/Zip

MAIL TAX STATEMENT TO: (Applicable to documents transferring real property)

Name

Address

City/State/Zip

This page provides additional information required by NRS 111.312 Sections 1-2.
An additional recording fee of $1.00 will apply.
To print this document properly, do not use page scaling.
Using this cover page does not exclude the document from assessing a noncompliance fee.
P:\Common\Forms & Notices\Cover Page Template Feb2014
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 21 of 33

WHEN RECORDED MAIL TO:

United States Attorney’s Office

Daniel D. Hollingsworth

501 Las Vegas Boulevard South, Suite 1100
Las Vegas, NV 89101

SEND TAX STATEMENT TO:

United States Attorney’s Office

Daniel D. Hollingsworth

501 Las Vegas Boulevard South, Suite 1100
Las Vegas, NV 89101

APN # 179-31-212-022
REQUEST FOR NOTICE
Under Chapter 107 NRS

In accordance with NRS 107.090, request is hereby made that a copy of any Notice of
Default and a copy of any Notice of Sale under the Trustee’s Deed Upon Sale recorded as
Document Instrument Number 20211008-0000039 on October 8, 2021, between Clear
Recon Corp., as Trustee (Grantor), and Sanam Limited (Grantee), of Official Records of
Clark County, Nevada, and describing land therein as:

176 GLEN FALLS AVENUE, HENDERSON, NEVADA, 89002, MORE
PARTICULARLY DESCRIBED AS:

LOT 17 IN BLOCK “C” OF PARADISE HILLS NO. 16, AS SHOWN BY MAP
THEREOF ON FILE IN BOOK 97 OF PLATS, PAGE 8 IN THE OFFICE OF THE
COUNTY RECORDER OF CLARK COUNTY, NEVADA. EXCEPTING
THEREFROM ALL MINERALS, OIL, GAS, PETROLEUM, OTHER
HYDROCARBON SUBSTANCES AND ALL GEOTHERMAL ENERGY SOURCES
IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE WITHIN-
DESCRIBED LAND WHICH LIE BELOW A PLANE PARALLEL TO AND FIVE
HUNDRED (500) FEET BELOW THE SURFACE OF THE WITHIN-DESCRIBED
LAND, FOR THE PURPOSE OF PROSPECTING, EXPLORATION,
DEVELOPMENT, PRODUCTION, OR EXTRACTION OF SAID SUBSTANCES BY
MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER EQUIPMENT;
PROVIDED, HOWEVER, THAT THE OWNER OF SAID SUBSTANCES SHALL
HAVE NO RIGHT TO ENTER THE SURFACE OF THE WITHIN-DESCRIBED
LAND NOR TO USE SAID LAND ABOVE SAID PLANE PARALLEL TO AND FIVE
HUNDRED (500) FEET BELOW THE SURFACE OF SUCH LAND; TOGETHER
WITH ALL IMPROVEMENTS AND APPURTENANCES THEREON,

APN: 179-31-212-022. i. af of

DANIEL D. HOLLIAGSWORTH
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 22 of 33

STATE OF NEVADA )
) ss

COUNTY OF CLARK }

On December _/ _, 2022, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Daniel D. Hollingsworth known to me to be the
person described in and who executed the foregoing instrument, who acknowledged to me
that he executed the same freely and voluntarily and for the uses and purposes therein

mentioned,
SEIN MICHAEL GARTH
oe vo NOTARY PUBLIC
cS 9 ile STATE OF NEVADA
aes. APPT. NO. 15-1824-1
Stary Publ ie” MY APPT, EXPIRES MAY 24, 2023
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 23 of 33

Exhibit C — Clark County Recorder, Property Search for 176 Glen Falls Ave.

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Search Criteria - ParcelNumber: 179-31-212-022, Filter: StartsWith, From Date: 3/1/2021, To Date: 8/20/2024, Doc Type: All

Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 24 of 33

Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 25 of 33

Exhibit D — Clark County Treasurer, Property Account Inquiry for 176 Glen Falls Ave.

6
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 26 of 33

Property Account Inquiry - Summary Screen

New Search |

| Parcel ID || 179-31-212-022 || Tax Year ||2025 || District —_|| 505 ||Rate || 2.9604 |

| Situs Address: || 176 GLEN FALLS AVE HENDERSON

Legal Description: |] ASSESSOR DESCRIPTION: PARADISE HILLS #16 PLAT BOOK 97 PAGE 8 LOT 17 BLOCK CGEOID: PT S2
NW4 SEC 31 22 63

PAST AND CURRENT CHARGES DUE TODAY

2024 Property Tax Principal $3,432.36

2024 Las Vegas Artesian Basin $3.03

2024 Property Tax Penalty $515.53

2024 Property Tax Interest $272.06

2024 Advertising Fee $10.00

2024 MAILING FEE $32.00

2023 Property Tax Principal $3,178.11
| 2023 City of Henderson Abatement $650.00

2023 Las Vegas Artesian Basin $3.08

2023 Property Tax Penalty $620.40

2023 Property Tax Interest $705.46

2023 Advertising Fee $7.00

2023 MAILING FEE $2.00

2022 Property Tax Principal $2,942.69

2022 Las Vegas Artesian Basin $3.06
| 2022 Property Tax Penalty $442.07

2022 Property Tax Interest $822.44

2022 Advertising Fee $7.00

2022 MAILING FEE $2.00

CURRENT AMOUNTS DUE as of 8/20/2024

$14,579.62
Case 2:22-cr-00142-CDS-DJA

NEXT INSTALLM

ENT AMOUNTS

Document 258 Filed 09/10/24 Page 27 of 33

PAYMENT HISTORY

Last Payment Amount

Last Payment Da

Fiscal Tax Year P.

Prior Calendar Year Payments

Current Calendar Year Payments

$683.08

ite 3/2/2021
ayments $0.00
$0.00

$0.00

Tax Year | Charge Category Installment Amount Due |
2025 | Property Tax Principal $926.74
NEXT INSTALLMENT DUE AMOUNT due on 10/7/2024 $926.74
TOTAL AMOUNTS DUE FOR ENTIRE TAX YEAR
Tax Year Charge Category Remaining Balance Due |
2025 Property Tax Principal $3,706.95
2025 Las Vegas Artesian Basin $2.60
2024 Property Tax Principal $3,432.36
2024 Las Vegas Artesian Basin $3.03
| 2024 Property Tax Penalty $515.53
2024 Property Tax Interest $272.06
2024 Advertising Fee $10.00
2024 MAILING FEE $32.00
2023 Property Tax Principal $3,178.11
2023 City of Henderson Abatement $650.00
2023 Las Vegas Artesian Basin $3.08
2023 Property Tax Penalty $620.40
| 2023 Property Tax Interest $705.46
2023 Advertising Fee $7.00
2023 MAILING FEE $2.00
2022 Property Tax Principal $2,942.69
2022 Las Vegas Artesian Basin $3.06
2022 Property Tax Penalty $442.07
2022 Property Tax Interest $822.44
2022 Advertising Fee $7.00
| 2022 MAILING FEE $2.00
TAX YEAR TOTAL AMOUNTS DUE as of 8/20/2024 $17,359.84
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Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 28 of 33

Exhibit E — Paradise Hills HOA Notice of Default and Election to Sell 176 Glen Falls Ave.

Exhibit E — Paradise Hills HOA Notice of Default and Election to Sell 176 Glen Falls Ave.
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 29 of 33

—™ 9314 8100 1170 1173 4370 85

RED ROCK FINANCIAL SERVICES

July 17, 2024 VIA CERTIFIED AND FIRST CLASS MAIL

UNITED STATES ATTORNEY'S OFFICE
DANIEL D HOLLINGSWORTH

501 LAS VEGAS BLVD SOUTH STE 1100
LAS VEGAS, NV 89101

Re: 176 Glen Falls Ave, Henderson, NV 89002
Paradise Hills Landscape Maintenance Association, Inc. / R844781

Dear UNITED STATES ATTORNEY'S OFFICE ,

Red Rock Financial Services is a debt collector and is attempting to collect a debt. Any information
obtained will be used for that purpose.

Enclosed, please find a copy of the Notice of Default and Election to Sell. This notice is being sent to
any parties that may have an interest in the property.

Please contact Red Rock Financial Services to obtain an up to date account balance. All Payments must
be in the form of a cashier’s check or money order. Please ensure the account number is listed on any
payments remitted to our office. If we receive partial payments, they will be credited to the account,
however, we will continue with the collection process on the balance owed as described above.

Regards,

Red Rock Financial Services

702.932.6887 770 E. Warm Springs Road Suite 320, Las Vegas, Nevada 89119

By sending your check, please be aware that you are authorizing Red Rock Financial Services to use the information on your check to make a one-time electronic debit from your account at the financial institution indicated on your
check. This electronic debit will be for the amount of your check; no additional amount will be added to the amount. (If we cannot collect your electronic payment, we will issue a draft against your account.) Please contact the
Accounts Receivable department at (702) 932-6887 to learn about other payment options should you prefer to not have your payment processed in this manner.
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 30 of 33

inst #: 20240715-0001613
Fees: $42.00

07/15/2024 03:36:41 PM
Receipt #: 5634227

Requestor:
Assessor Parcel Number: 179-31-212-022 American Lot Book
File Number: R844781 Recorded By: JTMCD Pgs: 2
Property Address: 176 Glen Falls Ave Debbie Conway
Henderson, NV 89002 CLARK COUNTY RECORDER
Title Order Number: Src: ERECORD
Ofc: ERECORD

NOTICE OF DEFAULT AND ELECTION TO SELL PURSUANT TO THE
LIEN FOR DELINQUENT ASSESSMENTS
@ IMPORTANT NOTICE @

WARNING! IF YOU FAIL TO PAY THE AMOUNT
SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR
HOME, EVEN IF THE AMOUNT IS IN DISPUTE!

NOTICE IS HEREBY GIVEN: Red Rock Financial Services, officially assigned as agent by the
Paradise Hills Landscape Maintenance Association, Inc. (the “Association”), under the Lien for
Delinquent Assessments, recorded on 05/31/2024, in Book Number 20240531, as Instrument Number
9000574, reflecting SANAM LIMITED as the owner(s) of record on said Jien, land legally described
as PARADISE HILLS #16 PLAT BOOK 97 PAGE 8 LOT 17 BLOCK C, of the Official Records in
the Office of the Recorder of Clark County, Nevada, makes known the obligation under the
Covenants, Conditions and Restrictions recorded 01/11/1996, in Book Number 19960111, as
Instrument Number 0000563 (the “CC&Rs”), has been breached. As of 07/01/2023 forward, all
assessments, whether monthly or otherwise, late fees, interest, Association charges, legal fees,
collection fees and costs, and fines for violations posing an imminent threat of causing a substantial
adverse cffect on the health, safety or welfare of the owners of 176 Glen Falls Ave or the
Association’s residents, less any credits, have not been satisfied.

The Association has equipped Red Rock Financial Services with verification of the underlying
obligation according to the CC&Rs in addition to documents proving the debt, therefore declaring any
and all amounts secured as well as due and payable, electing the property to be sold to satisfy the
obligation. In accordance with Chapter 116 of the Nevada Revised Statutes, no sale date may be set
until the ninety-first (91st) day after the recorded date and the mailing date of the Notice of Default
and Election to Sell. As of July 9, 2024, the amount owed is $2,903.96. This amount will continue
to increase until paid in full.

The amount of the Association’s lien that is prior to the first security interest on the unit pursuant to
subsection 3 of NRS 116.3116 as of the date of this notice is $1,510.44 (the “Superpriority Amount”).
Of the Superpriority Amount, and as of the date of this notice, $130.44 is attributable to assessments
based on the periodic budget adopted by the Association pursuant to NRS 116.3115, and $1,380.00 is
attributable to the costs of enforcing the Association’s lien.

If the holder of the first security interest on the unit does not satisfy the amount of the Association’s
lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116, the
association may foreclose its lien by sale and that the sale may extinguish the first security interest as
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 31 of 33

Assessor Parcel Number: 179-31-212-022

File Number: R844781

Property Address: 176 Glen Falls Ave
TIenderson, NV 89002

Title Order Number:

to the unit. If, not later than 5 days before the date of the sale, the holder of the first security interest in
the unit satisifies the amount of the Association’s lien that is prior to the first security interest pursuant
to subsection 3 of NRS 116.3116 and, not later than 2 days before the date of sale, a record of such
satisifation is recorded in the office of the recorder of the county in which the unit is located, the
Association may foreclose its lien by sale but the sale may not extinguish the first security interest as
to the unit.

Dated: July 9, 2024

Prepared By Olivia Kellogg as agent of Red Rock Financial Services on behalf of Paradise Hills
Landscape Maintenance Association, Inc.

STATE OF NEVADA )
COUNTY OF CLARK )

On July 9, 2024, before me, personally appeared Olivia Kellogg, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacity, and that
by their signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.

WITNESS my hand and official seal,

i A a NOTARY PUBLIC
When RecofdedRed Rock Financial Services $) thy Commission Expires: 09-08-26

i : ° sartiicate No: 22-6781-01
Mail To: 770 E. Warm Springs Road Suite 320 _Lnitficate No: 22-6 8

Las Vegas, Nevada 89119
702-932-6887
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 32 of 33

Red Rock Financial Services
PO Box 9088
Temecula, CA 92589-9088

Send Payments to:

Red Rock Financial Services
770 E. Warm Springs Road
Suite 320

Las Vegas, NV 89119

Send Correspondence to:
Red Rock Financial Services
770 E. Warm Springs Road
Suite 320

Las Vegas, NV 89119

PRESORT
First-Class Mail
U.S. Postage and
Fees Paid
WSO

9314 8100 1170 1173 4370 45

RETURN RECEIPT (ELECTRONIC)

20240717-117

UNITED STATES ATTORNEY'S OFFICE

501 LAS VEGAS BLVD SOUTH STE 1100
LAS VEGAS, NV 89101

CERTMAIL_RETRCPT_ELECTRONIC
Case 2:22-cr-00142-CDS-DJA Document 258 Filed 09/10/24 Page 33 of 33

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