Filed: Sep. 05, 2017
Latest Update: Sep. 05, 2017
Summary: MOTION TO VACATE LIEN JAMES S. GWIN , District Judge . Now comes Anthony L. Viola, respectfully informing this Honorable Court that the government has never responded to discovery requests concerning the amount of the judgment owing and the payoff amount on its lien against the 3048 Meadowbrook property. The government has ignored these issues: (1) An $800,000 payment by co-defendant Uri Gofman (who is jointly and severally liable for restitution) has never been credited to the restitutio
Summary: MOTION TO VACATE LIEN JAMES S. GWIN , District Judge . Now comes Anthony L. Viola, respectfully informing this Honorable Court that the government has never responded to discovery requests concerning the amount of the judgment owing and the payoff amount on its lien against the 3048 Meadowbrook property. The government has ignored these issues: (1) An $800,000 payment by co-defendant Uri Gofman (who is jointly and severally liable for restitution) has never been credited to the restitution..
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MOTION TO VACATE LIEN
JAMES S. GWIN, District Judge.
Now comes Anthony L. Viola, respectfully informing this Honorable Court that the government has never responded to discovery requests concerning the amount of the judgment owing and the payoff amount on its lien against the 3048 Meadowbrook property. The government has ignored these issues:
(1) An $800,000 payment by co-defendant Uri Gofman (who is jointly and severally liable for restitution) has never been credited to the restitution balance;
(2) The government has pursued multiple theories of criminality concerning the same properties (the bank is an innocent victim of the undersigned in USA v. Viola) but banks knowingly made loans that did not meet lending guidelines then lied about that practice (in Ohio v. Harris, CR-10-551555, prosecuted by the same joint federal-state task force.) As Exhibit A, attached hereto, makes clear, the exact same properties are at issue in the Harris case concerning the exact same properties yet the government refuses to produce an accounting for monies collected in that case.
(3) As previously presented to the Court, U.S. Bank has served as trustee for properties involved in the restitution order and has participated in multi-billion dollar settlements concerning the exact same properties involved in the restitution order, example at Exhibit B.
(4) Restitution is supposed to make innocent crime victims whole but the government has been collecting restitution and using these dollars as a slush fund to pay informants (including Prosecutor Dan Kasaris's girlfriend Kathryn Clover). Please see Exhibit C, attached hereto, to confirm that restitution orders contain verbiage stating that dollars collected are "for cost of prosecution."
MEMORANDUM OF LAW
Restitution orders that bear no resemblance whatsoever to any "loss amount" constitute "excessive fines" that are contrary to the Eighth Amendment. Moreover, lender settlements concerning the same properties must be deducted from any restitution balance. Pursuant to United States v. Elson, 577 F.3d 713, 733-34 (6th Cir., 2009), "The court must reduce restitution by any amount the victim received as part of a civil settlement." Moreover, "the restitution statutes do not permit victims to obtain multiple recoveries for the same loss," United States v. McDaniel, 398 F.3d 540, 555 (6th Cir., 2005).
The government is committing a fraud on the court by demanding millions of dollars from the undersigned when the government possesses information that (a) banks in USA v. Viola aren't "victims" (b) Banks have reached civil settlements concerning the same properties, requiring an offset; and (c) the federally-funded joint task force has collected restitution from individuals and diverted those funds from "victims" and used those dollars to fund activities inside the prosecutor's office. Fed. R. Civ. P. 60(b).
WHEREFORE, a full audit of restitution collected by the joint task force should be required and the lien on the Meadowbrook property should be vacated. Thank you very much for your consideration.
