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Order for Interlocutory Sale of Porsche and Return of Audi — United States v. Denny Bhakta (Document 23)

Summary

Order in United States of America v. Denny Bhakta, Case No. 21cr3352-JLS, dated March 9, 2022, for interlocutory sale of the Porsche, deposit of funds from its sale with the U.S. Marshal, and return of the Audi. The order approves the parties' Joint Motion. The United States Marshals Service or its contractor is to sell the Porsche for a price equal to or greater than the amount owed to Bank of America, and the net sales proceeds are kept as a substitute res subject to forfeiture. Other claims under 21 U.S.C. § 853(n) are to be decided at an ancillary proceeding. The Audi is released and returned to Defendant.

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“Order for Interlocutory Sale of Porsche and Return of Audi — United States v. Denny Bhakta (Document 23).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-s-d-cal-no-3-21-cr-03352-dkt-23-s-d-cal-5a8ab16779/, SHA-256 56d1e443bf029b2109e6b1bfd61d53a69e315e397599e5bc31f2992f38439239.

Full text

  Case 3:21-cr-03352-JLS Document 23 Filed 03/09/22 PageID.87 Page 1 of 3



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 8                         UNITED STATES DISTRICT COURT
 9                       SOUTHERN DISTRICT OF CALIFORNIA
10   UNITED STATES OF AMERICA,                      Case No. 21cr3352-JLS
11                       Plaintiff,                 ORDER FOR INTERLOCUTORY
                                                    SALE OF PORSCHE AND
12         v.                                       DEPOSIT OF FUNDS FROM ITS
                                                    SALE WITH THE U.S. MARSHAL,
13   DENNY BHAKTA,                                  AND RETURN OF AUDI
14                       Defendant.
15
16        The Parties have filed a Joint Motion stipulating and agreeing to the immediate
17 interlocutory sale of One 2017 Porsche 991, 911 Coupe, CA License No. MB17TCB,
18 VIN: WP0AD2A98HS167515 (the “Porsche”), which was seized from Defendant
19 DENNY BHAKTA (“Defendant”) and is subject to a criminal forfeiture allegation in
20 this case.
21        Having     reviewed     the   foregoing    Joint   Motion   and   good   cause
22 appearing therefor,
23        IT IS HEREBY ORDERED, ADJUDGED and DECREED:
24        The Joint Motion is approved.
25        1.     The Court directs that the Porsche shall be sold by the United States
26 Marshals Service or by its contractor.
27        2.     When the sale is made, the net sales proceeds will be a substitute res
28 subject to forfeiture in place of the Porsche that was sold. The net sales amount will
  Case 3:21-cr-03352-JLS Document 23 Filed 03/09/22 PageID.88 Page 2 of 3




 1 be held by the United States Marshals Service in an interest-bearing account
 2 maintained by the United States pending the conclusion of the forfeiture action.
 3         3.    The sales price for the Porsche shall be equal to or greater than the total
 4 of the amount owed to Bank of America as of the date of sale. The United States
 5 Marshals Service shall proceed to sell the Porsche on an expedited basis. The
 6 United States Marshals Service shall pay all costs of sale, amounts owed to Bank of
 7 America, and costs of expenses from the gross proceeds of sale. The net proceeds
 8 will thereafter be deposited as described below.
 9         4.    Any net proceeds realized from the sale of the Porsche shall be
10 substituted as the property subject to the forfeiture allegations of the Indictment
11 regarding the Porsche in this criminal case. The net proceeds shall be held in the
12 custody of the Department of Justice Seized Asset Deposit Fund pending further
13 order of this Court.
14         5.    The validity and priority of any other claims to the Porsche or any net
15 proceeds realized from the sale of the Porsche made pursuant to 21 U.S.C. § 853(n)
16 will be determined at an ancillary proceeding, contingent upon and following a
17 judgment in the criminal case and the Court’s entry of a final order of forfeiture to the
18 United States.
19         6.    The rights of Plaintiff and Defendant are hereby reserved against the net
20 proceeds from the sale of the Porsche as if they were the vehicle subject to forfeiture.
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                                                                                  21cr3352
  Case 3:21-cr-03352-JLS Document 23 Filed 03/09/22 PageID.89 Page 3 of 3




 1        7.     The Court also directs for the release of One 2016 Audi S8,
 2 VIN: WUAJ5AFDXGN900295, which was also seized from Defendant and is
 3 subject to a criminal forfeiture allegation in this case. The Audi shall be returned to
 4 Defendant by the United States Marshals Service, either directly or to someone so
 5 designated by attorney Sandra Resnick.
 6        IT IS SO ORDERED.
 7 Dated: March 9, 2022
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                                                                                21cr3352

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