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United States v. Petroiu

United States District Court, D. Nevada

October 27, 2017

UNITED STATES OF AMERICA. Plaintiff,
v.
EDUARD PETROIU, et. at., Defendants.

          STEVEN W. MYHRE Acting United States Attorney, Michael A. Humphreys Assistant United States Attorney.

          Mariya Nedyalkova Petitioner.

          Atanas Nedyalkov Petitioner.

          Boris Avramski Attorney for the Petitioners.

          STIPULATION AND SETTLEMENT AGREEMENT FOR FINAL ORDER OF FORFEITURE

         The United States of America, as Plaintiff, and Atanas Nedyalkov and Mariya Nedyalkova (hereinafter collectively referred to as the Nedyalkovs) a married couple, as Petitioners to the real property (described herein below) in the above-captioned criminal forfeiture action as well as their counsel, Boris Avramski, stipulate and agree as follows:

         BACKGROUND

         On October 16, 2012, a grand jury sitting in Las Vegas, Nevada, returned a four-count superseding indictment against Eduard Petroiu and several other individuals (named in the caption and described in the body of that superseding indictment, as docketed above) charging them with conspiring to defraud an unsuspecting public by selling cars and other conveyances over the internet that they (the defendants) did not own. Specifically, between 2008 and 2011, the co-defendants were engaged in a massive wire fraud conspiracy wherein the actors used phone lines and the internet to sell cars, trucks and other conveyances that they did not own.

         Relying on the schemers' false promises, hundreds of unwitting buyer/victims sent money to the conspirators expecting to receive a car, or other type of conveyance, that was never delivered. Once targeted by law enforcement, the conspirators' fraud scheme came to a swift end, culminating in the conspirators' October 2012 indictment, referenced above. That superseding indictment also contained forfeiture allegations that sought the criminal forfeiture of, amongst other things, a residence located at 4225 Dover Place, Las Vegas.

         Two of defendants in that case were Vladimir Budestean and Delyana Nedalkova, who were briefly married to each other. Delyana Nedyalkova's parents are Atanas and Mariya Nedyalkova. both of whom reside at a detached home located at 4225 Dover Place Las Vegas, Nevada. Through the forfeiture allegations contained in the superseding indictment, the Government sought the criminal forfeiture of the Dover Place residence on the ground that it was purchased, in whole or in part, with proceeds from the internet fraud scam. Atanas and Mariya Nedyalkova filed a petition challenging the forfeiture contending that they purchased the home with legitimate funds.

         In successive months ALL of the seventeen defendants, including Delyana Nedyalkova, pled guilty and all have been sentenced. In their respective changes of plea, each of the defendants pled guilty to a felony offense that supported forfeiture.

         This Court has entered a preliminary order of forfeiture that divests each and all of the convicted defendants of any right, title and/or interest in all of the assets identified and described in each forfeiture allegation of the superseding indictment. As such, each item of real and personal property specified in those forfeiture allegations, including the residence located at 4225 Dover Place, Las Vegas, Nevada 89107, has been deemed preliminarily forfeited to the United States, subject to the rights of third parties, who may have asserted an interest in one or more of those assets.

         In that regard, pursuant to 21 U.S.C. § 853(n), the United States fulfilled its statutory obligation to notify all interested parties of any interest! s) that he/she/they/it might assert as to any of the preliminarily-forfeited items. No person or entity came forward to file a petition, except for Atanas Nedyalkov and Mariya Nedyalkova. As noted above, the Nedalkovas, individually and collectively, filed a petition with this Court asserting their alleged legitimate interests in the residence located at 4225 Dover Place Las Vegas, Nevada 89107.

         TERMS OF AGREEMENT

         Based upon negotiations, wherein both parties (the United States and the Nedyalkovs) were represented by counsel, the parties stipulate and agree to resolve the interests that the Nedyalkovs may have in 4225 Dover Place, ...


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