Order Granting Interlocutory Sale of 176 Glen Falls Avenue — United States v. Dezfooli (Document 373)

Summary

This order grants the United States' motion, filed September 16, 2024 (ECF No. 261), for an interlocutory sale of real property in Henderson, Nevada, in the name of "Sanam Limited," and authorizes Doug Sawyer as the designated real estate agent to sell it. The court states that the property is subject to forfeiture following Meelad Dezfooli's conviction because it was purchased with monies from his fraudulently obtained PPP loans. Dezfooli opposes the motion, arguing it is premature and should not be granted during the appellate process, and the court says it is unconvinced. It denies Dezfooli's request to authorize Juan Rubio as the agent, and states that the sale must comply with 28 U.S.C. §§ 2001 and 2002. The order is dated July 10, 2025, over the name of Cristina D. Silva, United States District Judge.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

         Case 2:22-cr-00142-CDS-DJA               Document 373          Filed 07/14/25       Page 1 of 4



 1                                 UNITED STATES DISTRICT COURT
                                        DISTRICT OF NEVADA
 2

 3 United States of America,                                     Case No. 2:22-cr-00142-CDS-DJA

4                            Plaintiff                         Order Granting United States of
                                                             America’s Motion for an Interlocutory
 5 v.                                                         Order Sale of 176 Glen Falls Avenue,
                                                                  Henderson, Nevada 89002
 6 Meelad Dezfooli,

 7                           Defendant                                     [ECF No. 261]

 8

 9           On September 16, 2024, the United States filed a motion for an order permitting
10 interlocutory sale of real property held in the name of “Sanam Limited,” located at 176 Glen

11 Falls Avenue, Henderson, Nevada 89002 1 (“176 Glen Falls” or “the Property”). 2 Mot., ECF No.

12 261. The government also moves for permission to authorize Doug Sawyer as the designated

13 real estate agent to sell the Property. Id. Dezfooli opposes the motion in its entirety. Opp’n, ECF

14 No. 286. The motion is fully briefed. See Reply, ECF No. 290. For the reasons set forth herein,

15 the motion is granted.

16

17   1 176 Glen Falls Avenue, Henderson, Nevada 89002 (176 Glen Falls) is more particularly described as:

18           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
19           RECORDER OF CLARK COUNTY, NEVADA. EXCEPTING THEREFROM ALL
             MINERALS, OIL, GAS PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND
20           ALL GEOTHERMAL ENERGY SOURCES IN OR UNDER OR WHICH MAY BE
             PRODUCED FROM THE WITHIN-DESCRIBED LAND WHICH LIE BELOW A
21
             PLANE PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE SURFACE
22           OF THE WITHIN-DESCRIBED LAND, FOR THE PURPOSE OF PROSPECTING,
             EXPLORATION, DEVELOPMENT, PRODUCTION, OR EXTRACTION OF SAID
23           SUBSTANCES BY MEANS OF MINES, WELLS, DERRICKS, AND/OR OTHER
             EQUIPMENT; PROVIDED, HOWEVER, THAT THE OWNER OF SAID
24           SUBSTANCES SHALL HAVE NO RIGHT TO ENTER THE SURFACE OF THE
             WITHIN-DESCRIBED LAND NOR TO USE SAID LAND ABOVE SAID PLANE
25           PARALLEL TO AND FIVE HUNDRED (500) FEET BELOW THE SURFACE OF
             SUCH LAND; TOGETHER WITH ALL IMPROVEMENTSAND APPURTENANCES
26           THEREON, APN: 179-31-212-022.
     2 The Glen Falls property is subject to criminal forfeiture (see superseding indictment, ECF No. 97), and

     already forfeited in the Preliminary Order of Forfeiture. POOF, ECF No. 251.
         Case 2:22-cr-00142-CDS-DJA               Document 373          Filed 07/14/25        Page 2 of 4



 1 I.        Discussion

 2           After a seven-day jury trial, defendant Meelad Dezfooli was convicted of three counts of

 3 bank fraud in violation of 18 U.S.C. § 1344(2), three counts of concealment money laundering in

 4 violation of 18 U.S.C. § 1956(a)(1)(B)(i), and four counts of monetary transactions in criminally

 5 derived property in violation of 18 U.S.C. § 1957. See Verdict, ECF No. 243. A jury also

 6 determined the government had met its burden demonstrating a sufficient nexus between the

 7 property set forth in the forfeiture allegations of the superseding indictment to ten offenses for

 8 which he was convicted. See Forfeiture Jury Instrs. and Special Verdict Forms, ECF No. 246.

 9           Rule 32.2(b)(7) clearly states that “[a]t any time before entry of a final forfeiture order,

10 the court, in accordance with Supplemental Rule G(7) of the Federal Rules of Civil Procedure,

11 may order the interlocutory sale of property alleged to be forfeitable.” Fed. R. Crim. P.

12 32.2(b)(7). Further, pursuant to Rule G(7), Federal Rules of Civil Procedure, Supplemental

13 Rules for Admiralty or Maritime Claims and Asset Forfeiture Action, “the court may order all or

14 part of the property sold if: (A) the property is perishable or at risk of deterioration, decay, or

15 injury by being detained in custody pending the action; (B) the expense of keeping the property

16 is excessive or is disproportionate to its fair market value; (C) the property is subject to a

17 mortgage or to taxes on which the owner is in default; or (D) the court finds other good cause.”

18 United States v. Boscarino, 2012 U.S. Dist. LEXIS 9701, *1–2 (D. Ariz. Jan. 27, 2012) (citing United

19 States v. One Parcel of Real Prop. Described as Lot 41, Berryhill Farm Ests., 128 F.3d 1386, 1389–90 (10th

20 Cir. 1997) (because property was subject to deterioration and decay, district court granted

21 Government’s motion for interlocutory sale) and United States v. Gianelli, 594 F. Supp. 2d 148, 150

22 (D. Mass. 2009) (Section 853(e) authorizes the court to order the interlocutory sale of real

23 property subject to criminal forfeiture to preserve the equity in the property when the

24 defendant stops paying the mortgage, taxes or insurance)).

25

26



                                                          2
         Case 2:22-cr-00142-CDS-DJA                    Document 373     Filed 07/14/25       Page 3 of 4



 1            The Property is subject to forfeiture following Dezfooli’s conviction because it was

 2 purchased utilizing monies (in the form of cashier’s checks) from his fraudulently obtained PPP

 3 loans. See ECF No. 60-1, 3 Ex. 7-1 book 1, line 477; see also id. at Ex. 7-1, book 2, lines 62–63, 67; Ex.

 4 F, Receipt of funds; Ex. G, Cashier’s checks; Ex. 7-1, book 4, line 100; Ex. 7-1, book 5 lines 40, 42,

 5 45. Indeed, Dezfooli does not dispute that the property is subject to forfeiture, but rather

 6 argues the motion is premature and should not be granted during the appellate process. 4 See

 7 generally Opp’n, ECF No. 286. I am unconvinced by Dezfooli’s opposition.

 8           As set forth in the government’s motion, the accruing non-payments of the taxes, its

 9 fees, HOA fees, assessments, special assessment, late fees, interest, penalties, additional liens,
10 shooting, and squatters are decreasing the property’s equity. See Mot., ECF No. 261 at 8–10; see

11 also Reply, ECF No. 290 at 3–5. Further, the Property’s value has been declining. ECF No. 261 at

12 9–10; ECF No. 390 at 5. Thus, four factors set forth in Supplemental Rule G(7)(b), which gives

13 this court authority to grant the government’s motion, are met here.

14           Accordingly, having considered the motion and related filings, and applying the

15 applicable rules and authority, the court grants the government’s motion for an order the

16 Interlocutory Sale of 176 Glenn Falls Avenue, Henderson, Nevada 89002 and hereby authorizes

17 Doug Sawyer as the designated real estate agent to sell it. 5 The sale must comply with 28 U.S.C.

18 §§ 2001 and 2002.

19 II.       Conclusion

20           IT IS HEREBY ORDERED that the government’s motion for an order permitting

21 interlocutory sale of real property held in the name of “Sanam Limited,” located at 176 Glen

22 Falls Avenue, Henderson, Nevada 89002 [ECF No. 261] is GRANTED.

23   3 This exhibit is incorporated into this order.
     4 As part of his motion, Dezfooli notes he will seek a stay of forfeiture pending appeal. Opp’n, ECF No.
24
     286 at 4. No request to stay is currently pending and there is no authority cited that would permit denial
25   of this motion pending application of a stay.
     5 Dezfooli requested that the court authorize Juan Rubio as the agent. See Opp’n, ECF No. 286 at 7. This

26   request is denied because “[a] sale must be made by a United States agency that has authority to sell the
     property, by the agency’s contractor, or by any person the court designates.” Supplemental Rules
     G(7)(b)(ii).


                                                           3
        Case 2:22-cr-00142-CDS-DJA           Document 373       Filed 07/14/25         Page 4 of 4



 1          IT IS FURTHER ORDERED that Doug Sawyer is hereby authorized as the designated

 2 real estate agent to sell the Property.

 3          Dated: July 10, 2025

4
                                               ______________ __________ ___________
 5                                             Cristina D. Silva
                                               United States District Judge
 6

 7

 8

 9
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26



                                                  4


File and source

File

373.pdf

Size

135,122 bytes

SHA-256

0ae80384e1f3f575785b93aa978471b9676479d0ebd8f743b73c7a8f23697715

Our copy

373.pdf

Original

No public link identified.