United States District Court, D. Nevada
UNITED STATES OF AMERICA. Plaintiff,
EDUARD PETROIU, et. at., Defendants.
W. MYHRE Acting United States Attorney, Michael A. Humphreys
Assistant United States Attorney.
Avramski Attorney for the Petitioners.
STIPULATION AND SETTLEMENT AGREEMENT FOR FINAL ORDER
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:
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.
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.
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
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.
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
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.
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, ...