United States of America v. KOTZEV et. al., No. 1:2018cv01409 - Document 112 (E.D. Va. 2022)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 1/24/2022. (swil)
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United States of America v. KOTZEV et. al. Doc. 112 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 1 of 12 PageID# 875 Dockets.Justia.com Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 2 of 12 PageID# 876 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 3 of 12 PageID# 877 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 4 of 12 PageID# 878 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 5 of 12 PageID# 879 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 6 of 12 PageID# 880 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 7 of 12 PageID# 881 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 8 of 12 PageID# 882 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 9 of 12 PageID# 883 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 10 of 12 PageID# 884 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 11 of 12 PageID# 885 Case 1:18-cv-01409-TSE-IDD Document 112 Filed 01/24/22 Page 12 of 12 PageID# 886 consideration. As noted, the December 2013 convey ce effectively took the form of a gift transfer. Accordingly, the Chylas' intent has no bearing o, the outcome ofthis action. and therefore no jury issue is presented. lnstead of the Chyla's intent, it is Kottcv;s widis utcd actions and intent that are relevant and dispositive in this matter. Although Kotzev may ijave contemplated transferring the Real Properties lo the Chylas in May 2000, Kotzev did not ex cute that plan for over thirteen years, by which time his assets had become subject to substantial tfiX penalties. By December 2013, Kotzt=v had accrued several years of tax code violations and h d become the subject tlf a serious IRS investigatio11. Furthermore, Kotzev transferred the Real!Propcrtics for de minimus consideration via ''Deed[s] of Gift," and Kotzev's 11se and posse sion of the Real Properties continued undisturbed following execution of the deeds. Given thc;se undisputed facts, the December 2013 transfer must be set aside as fraudulent pursuant to Virgipia law. III. For the reasons set forth above, Plaintiff's Moti, dl ror Summary Judgment must be granted. Additionally, Plaintiff's pending Motion in Limine to s rikP- the Chyla Defendanu;, request fbr a jury trial must be denied as moot. An Order on Plaintift's motions, as well as an appropriate Order of Sale, will issue separately. The Clerk is directed to profide a copy of this Memorandum Opinion to all counsel of record. Alexandria, Virginia January 24, 2022 m T. S. Ellis, United States 12
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