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United States v. Lazazzaro

United States District Court, D. Nevada

September 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
ROCCO LAZAZZARO, Defendant.

          NICHOLAS A. TRUTANICH United States Attorney

          DANIEL D. HOLLINGSWORTH Assistant United States Attorney

          UNITED STATES OF AMERICA'S MOTION FOR AN INTERLOCUTORY ORDER OF SALE OF THE 2018 NISSAN MAXIMA AND ORDER

         The United States respectfully moves this Court to issue an Order for an Interlocutory Sale of the 2018 White Nissan Maxima, VIN: 1N4AA6APXJC368076, Nevada license plate LVL51G (2018 Nissan Maxima) and to authorize the United States Marshals Service (USMS) to sell the property through one of its approved methods.

         The grounds for granting the Order for an Interlocutory Sale of the 2018 Nissan Maxima are as follows. First, the 2018 Nissan Maxima will deteriorate pending this forfeiture action. Second, the value of the 2018 Nissan Maxima will continue to depreciate over time pending this action. Third, the storage costs and other maintenance costs of the 2018 Nissan Maxima will continue to accrue against its value pending this action. Fourth, the sooner of the 2018 Nissan Maxima is sold, the more sale proceeds will exist. Fifth, this Court is authorized to approve interlocutory sales.

         This Motion is made and is based on the papers and pleadings on file herein, the attached Memorandum of Points and Authorities, and the attached exhibit.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. STATEMENT OF THE CASE

         A. Procedural History

         The Grand Jury returned an Indictment (ECF No. 1) charging Lazazzaro in Count 1 with conspiracy to commit wire fraud in violation of 18 U.S.C. §§ 1343 and 1349; in Counts 2 through 25 with wire fraud in violation of 18 U.S.C. § 1343; in Count 26 with interference with commerce by threats and violence in violation of 18 U.S.C. § 1951(a)(b)(2); and included three forfeiture allegations pursuant to 18 U.S.C. § 981(a)(1)(C) with 28 U.S.C. § 2461(c) forfeiting an in personam criminal forfeiture money judgment of $5, 727, 317.75.

         Lazazzaro pled guilty to Count 1. Indictment, ECF No. 1; Change of Plea, ECF No. 44; Plea Agreement, ECF No. 45. This Court entered the Preliminary Order of Forfeiture (POOF) at the Change of Plea (ECF Nos. 44, 46) that ordered an in personam criminal forfeiture money judgment of $3, 745, 310.96 against Lazazzaro (ECF No. 46). This Court sentenced Lazazzaro on August 22, 2013 (ECF No. 56), entered the Final Order of Forfeiture (FOOF) on August 22, 2013 (ECF No. 57), and attached the FOOF to the Judgment in a Criminal Case on August 27, 2013 (ECF No. 58). The Judge granted the substitute and forfeiture order on December 17, 2018 (ECF No. 121)

         The government moved this Court to substitute and to forfeit the 2018 White Nissan Maxima, VIN: 1N4AA6APXJC368076, Nevada license plate LVL51G and any and all funds in U.S. Bank account nos. 1-537-5742-2172 (2172) and 2-537-5356-3290 (3290) (ECF No. 118 and to seal the motion to substitute and to forfeit (ECF No. 117). This Court sealed both motions (ECF No. 120) and granted the substitution and forfeiture motion (ECF No. 121).

         B. Statement of Facts

         The Federal Bureau of Investigation (FBI) executed the substitution and forfeiture order (ECF No. 121) on the bank accounts and the 2018 Nissan Maxima (ECF No. 123). Since January 3, 2019, the government has custody and control of the 2018 Nissan Maxima. On January 10, 2019, the FBI turned custody and control of the 2018 Nissan Maxima over to Jeffrey Padayao, District Asset Forfeiture Coordinator, District of Nevada/Las Vegas USMS, where it has remained in the government's care and custody. Exhibit (Ex.) 1, Declaration of Jeff Padayao, attached hereto and incorporated herein by reference as if fully set forth herein.

         The purposes of the interlocutory sale are as follows. First, the 2018 Nissan Maxima will deteriorate pending this forfeiture action. Second, the value of the 2018 Nissan Maxima will continue to depreciate over time pending this action. The storage costs and other maintenance costs of the 2018 Nissan Maxima will continue to accrue against its value pending this action. Ex. 1. Fourth, the sooner the 2018 Nissan ...


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