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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA,

Plaintiff,

v. 1:20-cv-23278-MGC

REAL PROPERTY LOCATED AT 7505 AND 7171 

FOREST LANE, DALLAS, TEXAS 75230 et al.,

Defendant.

________________________________________________/

UNITED STATES OF AMERICA,

Plaintiff,

v. 1:20-cv-23279-MGC

ALL RIGHT TO AND INTEREST IN PNC CORPORATE 

PLAZA HOLDINGS LLC HELD, CONTROLLED, OR

ACQUIRED, DIRECTLY OR INDIRECTLY, BY OPTIMA 

CBD INVESTMENTS LLC AND/OR CBD 500 LLC, et al.,

Defendant.

________________________________________________/

UNITED STATES OF AMERICA,

Plaintiff,

v. 1:20-cv-25313-MGC

REAL PROPERTY LOCATED AT 55 PUBLIC SQUARE,

CLEVELAND, OHIO, et al.

Defendant.

________________________________________________/

EXPEDITED UNOPPOSED MOTION TO AUTHORIZE 

INTERLOCUTORY SALE IN CASE NO. 1:20-CV-23278

The United States of America, pursuant to Rule G(7) of the Supplemental Rules for 

Admiralty or Maritime Claims and Asset Forfeiture Actions (the “Rules”), moves for an order 

Case 1:20-cv-23278-MGC Document 86 Entered on FLSD Docket 09/20/2021 Page 1 of 5
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permitting the sale of the real property that the Government seeks to forfeit pursuant to 18 

U.S.C. § 981(a)(1). The parties have agreed to the terms of the sale. 

The sale closing has been set for September 27, 2021, and so the Government 

respectfully requests expedited treatment of this motion such that it is decided by that date 

in order to allow the sale to close as contracted. In support of its motion, the Government 

states the following:

On August 6, 2020, the United States filed a Verified Complaint for Forfeiture in Rem

(the “Complaint”) against real property located at 7505 and 7171 Forest Lane, Dallas, Texas 

75230, with all appurtenances, improvements, and attachments thereon and any right to 

collect and receive any profit, rent, income, and proceeds therefrom (the “CompuCom 

Campus” or the “Property”). Case No.1:20-cv-23278, ECF No. 1. The Complaint alleged 

that the Property was subject to forfeiture because it was purchased with funds that facilitated, 

were involved in, and are traceable to an international conspiracy to launder money 

embezzled and fraudulently obtained from PrivatBank. Id. 

Due to the ex parte order (ECF No. 6), both the Government and the current owner of 

the Property, Optima 7171 LLC (“Optima”), who is also a claimant in this case [Case 

No.1:20-cv-23278, ECF No. 10], believe selling the Property is in the best interests of all 

parties. The purchase and sale agreement (“PSA”), with a sale price of $23,250,000, is 

attached hereto as Exhibit A. The purchaser, Centurion American Acquisitions, LLC (the 

“Purchaser”), has no ownership or other affiliation with Optima or any of its owners, 

members, officials, or employees. See Exhibit B, Declaration of Mehrdad Moyaedi. 

Likewise, neither Optima nor any of its owners, members, officials, or employees will have 

any continued interest in the Property following the sale. Id.

The Government does not object to this sale, and the parties request the Court’s approval 

of this interlocutory sale in accordance with Rule G(7). The parties agree that, given the 

circumstances and the Court’s ex parte order, the sale of the Property at thistime will maximize

and preserve the value of the Property by avoiding fees and costs related to an outstanding

property taxes, maintenance costs, and other expenses that would accrue if the Property were

not sold. The contemplated sale will also ensure that the value of the Property is not subject to 

market fluctuations. 

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The procedures for approving an interlocutory sale in a civil forfeiture case are set forth 

in Rule G(7)(b), which provides that a court may order the interlocutory sale of all or part of 

the property subject to a pending asset forfeiture action when one or more conditions are met.

For example, the court may order a sale when “the property is subject to a mortgage or to 

taxes on which the owner is in default,” or on a finding of “other good cause.” Rule 

G(7)(b)(i)(B),(D). 

Most significantly, Optima has failed to pay property taxes for the 2020 tax year and 

other expenses due associated with maintaining the Property. As of September 16, 2021, the 

outstanding property taxes and associated late penalties totaled more than $300,000. See 

Exhibit C, Preliminary Closing Cost Worksheet. Expenses related to the Property taxes

continue to accrue and remain unpaid. Moreover, Optima has not paid association fees 

required by the Lake Forest Community Association. As of September 16, 2021, there is 

more than $125,000 outstanding. Id.

When an interlocutory sale is uncontested, as here, the parties, with the court’s 

approval, may agree to the procedures and conditions of the sale. See Rule G(7)(b)(iii). In 

this case, the parties have provisionally agreed to the manner in which the proceeds of the 

sale of the Property shall be distributed, including, as follows:

[Optima] and Purchaser hereby acknowledge and agree that the Title 

Company shall use and disburse the [sale proceeds] to immediately pay: 

(a) any and all fees due, delinquent, past-due, and pending real estate 

taxes affecting the Property (b) any and all fees due, delinquent or 

otherwise, to Lake Forest Community Association affecting the 

property; and (c) Privileged Lien executed by the City of Dallas recorded 

in Instrument No. 202000352128 (collectively items (a) – (c) are referred 

to herein as “Outstanding Debts”). After the Title Company has 

tendered funds to the appropriate parties for the payment of 

Outstanding Debts, the Title Company shall tender the remainder of the 

[proceeds] to the [U.S. Marshals Service].

Exhibit A at 2.

Upon consummation of the sale and distribution of the sale proceeds according to the

terms of the PSA, and asrequired by Rule G(7), the remaining sale proceeds shall be considered

the substitute res subject to forfeiture in the instant action in place of the Property, and will be 

held in an interest-bearing account maintained by the United States pending the conclusion

of the forfeiture action. See Rule G(7)(b)(iv). If, at the conclusion of the case, the Court 

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enters a forfeiture judgment, the substitute res will be disposed of as provided by law. See Rule 

G(7)(c).

WHEREFORE, the United States respectfully asks this Court to enter the attached 

proposed order approving the interlocutory sale of the Property pursuant to the provisions of

Rule G(7), the PSA, and further Government approval, and grant such other relief as is just 

and lawful.

S.D. FLA. L.R. 7.1 CERTIFICATION

In accordance with S.D. Fla. L.R. 7.1(a)(3), counsel for the United States conferred with 

Claimants’ counsel, who does not oppose the relief sought here and has consented to the 

procedures for the sale, because inter alia the Court’s ex parte order (ECF No. 6) and a Lis Pendens 

(ECF No. 4) are currently in effect and, in Claimants’ view, prevent alternate use or disposition of 

the property. In Claimants’ view, under the circumstances, this sale (and subsequent deposit of 

proceeds into the USMS) is the only way to preserve the property’s value and mitigate damages at 

this time. The United States disagrees with those views; the restraining order does not prevent 

alternative use and disposition of the property, it simply requires that any action be supervised by 

the Court to avoid dissipation of the defendant property. Claimants’ non-opposition to this motion, 

however, should not be viewed as a waiver of any rights asserted in Optima Ventures, LLC, Optima 

7171, LLC, and Optima 55 Public Square, LLC v. United States of America – ICSID Case No. 

ARB/21/11.

Respectfully submitted,

Dated: September 20, 2021 DEBORAH CONNOR, CHIEF

MONEY LAUNDERING & ASSET 

RECOVERY SECTION

By: /s/ Shai D. Bronshtein

Shai D. Bronshtein (ID No. A5502665)

Rachel E. Goldstein

United States Department of Justice 

1400 New York Avenue NW

Washington, DC 20005

Telephone: (202) 616-5950

Shai.Bronshtein@usdoj.gov

Case 1:20-cv-23278-MGC Document 86 Entered on FLSD Docket 09/20/2021 Page 4 of 5
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JUAN ANTONIO GONZALEZ

ACTING UNITED STATES ATTORNEY

Marx P. Calderón (ID No. A5502700)

United States Attorney’s Office

99 Northeast Fourth Street, 7th Floor

Miami, Florida 33132

Telephone: (305) 961-9338

Marx.Calderon@usdoj.gov

Attorneys for Plaintiff United States of America

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