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United States v. Wilkinson

United States District Court, N.D. Illinois, Eastern Division

February 14, 2017

UNITED STATES OF AMERICA
v.
ALVIN WILKINSON

          PROTECTIVE ORDER AS TO CERTAIN REAL PROPERTY SUBJECT TO FORFEITURE

          SHARON JOHNSON COLEMAN United States District Judge

         The United States of America, through ZACHARY T. FARDON, United States Attorney for the Northern District of Illinois, moves for entry of a protective order directing the interlocutory sale of certain property pursuant to the provisions of Title 21, United States Code, Section 853(e)(1)(A), as incorporated by Title 28, United States Code, Section 2461(c), and in support thereof submits the following:

         (a) On January 17, 2017 an indictment was returned charging defendant Alvin Wilkinson with mail fraud and wire fraud, in violations of Title 18, United States Code, Sections 1341 and 1341, and alleging a fraudulent scheme lasting from 1999 through 2016;

         (b) The indictment seeks forfeiture to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), of any and all right, title, and interest the defendant may have in certain real property constituting and derived from the proceeds traceable to the mail and wire fraud violations, including but not limited to the real property commonly known as 139 Millerton Road, Sharon, Connecticut ("Millerton Road property");

         (c) To preserve its interest in the Millerton Road property, the United States recorded a lis pendens notice with the Sharon, CT Town Clerk on January 31, 2017 in Volume 187 at Page 960 of the Sharon Land Records;

         (d) According to the Sharon, CT Land Records, defendant Alvin G. Wilkinson and Alexandra G. Chipurnoi (formerly Wilkinson) purchased the Millerton Road property on or about December 27, 2011;

         (e) There is one outstanding mortgage secured by the Millerton Road property. The mortgage, in the amount of $1, 240, 000, was recorded January 3, 2012 in Volume 187 at Page 961 of the Sharon Land Records. The mortgage is presently held by M & T Bank, Buffalo, NY. The borrowers are identified as Alvin G. Wilkinson and Alexandra G. Wilkinson (now Chipurnoi);

         (f) On October 28, 2015, a Quit Claim Deed was recorded in Volume 199 at Page 159 of the Sharon Land Records in which defendant Alvin Wilkinson quitclaimed all right, title and interest he had in the Millerton Road property to Alexandra G. Wilkinson (now Chipurnoi). The quit claim deed was recorded years after the start of the fraudulent scheme that is alleged in the indictment against defendant Alvin Wilkinson;

         (g) The United States requests action by this Court because it has learned that Alexandra Chipirnoi has recently been divorced from Alvin Wilkinson upon Order of the Connecticut Superior Court dated January 20, 2017; that the Order of the Connecticut Superior Court awarded Alexandra Chipurnoi the entire ownership in the Millerton Road Property; that the financial responsibilities relating to Millerton Road are burdensome; and that Alexandra Chipurnoi does not have the means to continue to meet these financial obligations while attempting to support her two children. These financial responsibilities include, but are not limited to, the monthly mortgage payment, including escrows for taxes and insurance in the amount of approximately $7, 000; regular care and maintenance of the Millerton Road property; and payment of the utility bills;

         (h) Further, the government has learned that Alexandra G. Chipurnoi has recently listed the Millerton Road property for sale with Elyse Harney Real Estate, Salisbury, CT for $1, 750, 000 with the intention of concluding a sale of the property as soon as possible to avoid foreclosure of the outstanding mortgage;

         (i) Pursuant to 21 U.S.C. § 853, as incorporated by 28 U.S.C. § 2461(c), this Court has jurisdiction to enter orders or to take other action to preserve and to protect property to insure that property or its equity will be available for forfeiture in the event of conviction;

         (j) Title 21, United States Code, Section 853(e)(1) provides in pertinent part:

Upon application of the United States, the Court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in subsection (a) of this section for forfeiture under this section -
(A) upon the filing of an indictment or information charging a violation of this subchapter or subchapter II of this chapter for which criminal forfeiture may be ordered under this section and alleging that the property with respect to which the order is sought would, in the ...

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