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UNITED STATES v. SCARDINO

December 31, 1996

UNITED STATES OF AMERICA
v.
PAUL SCARDINO, SALVATORE SCARDINO, DIANE SCARDINO, JOSEPH ROBERTS, JR., MYRON PETTY, ROSA MERCADO, VAN SANDERS, BERTHA CRAIG, LA CHANDRA PARKER, THERESA DOBYNE, BRAD JONES, CAROLYN BALLARD, GWENDOLYN KIRK, GUADALUPE IBARRA, and JESSICA BUSH.



The opinion of the court was delivered by: MAROVICH

 Now before the Court is Defendant Diane Scardino's motion for an order voiding the lis pendens notices that the Government has filed against certain real estate parcels ostensibly owned by her. For the reasons set forth below, the Court grants in part and denies in part Defendant's motion.

 BACKGROUND

 On October 3, 1996, a special grand jury returned an indictment against Salvatore Scardino, Paul Scardino, Diane Scardino and others, asserting various counts of wire fraud and unlawful use of funds. Further, the indictment charges Paul Scardino and Salvatore Scardino with money laundering and seeks forfeiture of certain assets as a result of those Defendants' alleged money laundering activities; the indictment contains no forfeiture allegations against Diane Scardino.

 The forfeitable assets identified in the indictment are divided into two categories: (1) assets involved in or traceable to the money laundering activities of Salvatore Scardino and Paul Scardino, and (2) "substitute properties."

 Of the 31 "substitute properties" identified in the indictment, ten allegedly belong exclusively to Diane Scardino. These ten properties are as follows:

 
1. 10138 Hartford Ct., Schiller Park, IL (Par. 26)
 
Purchase Date: December 12, 1991
 
Purchase Price: $ 420,000
 
Mortgage: $ 294,000
 
Held in Trust: Diane Scardino beneficiary; Paul Scardino after her death; Diane Scardino and Paul Scardino both retain power of direction on trust
 
2. 612 Piper Lane, Prospect Heights, IL (Par. 31)
 
Purchase Date: November 24, 1993
 
Purchase Price: $ 210,000
 
Mortgage: $ 150,000
 
3. 10202 N. 44th Street, Phoenix, AZ (Par. 8)
 
Purchase Date: October 6, 1986
 
Purchase Price: $ 100,000
 
Originally acquired by Paul and Diane Scardino; quit-claimed to Diane Scardino on September 25, 1992
 
4. 4101 Mission Lane, Phoenix, AZ (Par. 7)
 
Purchase Date: January 7, 1988
 
Purchase Price: $ 225,000
 
Originally acquired by Paul and Diane Scardino; quit-claimed to Diane Scardino ...

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