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United States v. Beltramea

United States District Court, Northern District of Iowa, Cedar Rapids Division

April 28, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
RANDY BELTRAMEA, Defendant, and JOANNE FISHER, ESTATE OF JAMES RAY FISHER, CLARENCE COBURN, DOROTHY COBURN, ALAN FISHER, LAURA FISHER, ALAN MAHRER, NANCY MAHRER, JAMES TURBETT, ANGELWING EQUITY, LLC, RANDY L. BELTRAMEA, LLC & HELEN POTTHOFF, Claimants, and THIRD FEDERAL SAVINGS AND LOAN, Interested Party.

ORDER

LINDA R. READE CHIEF JUDGE, U.S. DISTRICT COURT

I. INTRODUCTION

The matters before the court are: (1) Chief Magistrate Judge Jon S. Scoles’s Report and Recommendation (“September 3, 2014 Report and Recommendation”) (docket no. 185), which recommends that the court order the United States and the Claimants to submit a proposed order disposing of Claimants’ Petitions for Hearing to Adjudicate Interest in Property (docket nos. 147-149); (2) Judge Scoles’s Report and Recommendation (“March 25, 2015 Report and Recommendation”) (docket no. 216), which recommends that the court grant the Motion for Entry of Order (docket no. 213) by signing the proposed order Dismissal” (“Motion to Dismiss”) (docket no. 201).

II. RELEVANT PROCEDURAL HISTORY

This matter arises out of the criminal conviction of Defendant Randy Beltramea. As Judge Scoles summarized:

On April 19, 2013, Defendant Randy Beltramea was charged by indictment with two counts of wire fraud, three counts of money laundering, and aggravated identity theft. A superseding indictment was filed on August 21, 2013, adding an additional count of money laundering, six counts of making false statements, two counts of failure to file tax returns, and one count of evading and defeating tax payments. The superseding indictment also added a forfeiture allegation. Specifically, the Government seeks forfeiture of seven identified parcels of real property:

1. 944 18th Avenue SW, Cedar Rapids, Iowa
2. 449 24th Street NW, Cedar Rapids, Iowa
3. 201 26th Street NW, Cedar Rapids, Iowa
4. Lots 1-4 and Lots 6-9 in Castlerock Estates First Addition
5. Outlot A of Parcel B of the Castlerock Estates First Addition
6. Approximately 26.33 acres of undeveloped land in Parcel B
7. Approximately 40.62 acres of undeveloped land in Parcel A
On October 31, 2013, Defendant entered a plea of guilty to two counts of wire fraud, aggravated identity theft, two counts of money laundering, two counts of making a false statement to a financial institution, and tax evasion. He was sentenced on April 4, 2014 to serve 111 months of imprisonment. Defendant was also ordered to ...

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