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Court Orders Individual to Vacate Foreclosed Property

APR. 5, 2022

United States v. Vladimir M. Gorokhovsky et al.

DATED APR. 5, 2022
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United States v. Vladimir M. Gorokhovsky et al.

[Editor's Note:

Prior opinion in United States v. Gorokhovsky, No. 2:18-cv-00590 (E.D. Wis. 2021).

]

UNITED STATES OF AMERICA,
Plaintiff,
v.
VLADIMIR M GOROKHOVSKY, et al.,
Defendants.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

ORDER DENYING MOTION

The merits of this case are long settled. Defendant Vladimir Gorokhovsky is personally liable for over $425,000 in unpaid federal income tax. (ECF No. 211 at 14.) To satisfy part of that debt, the United States has the right (with Court approval) to sell two pieces of real estate that Gorokhovsky owns. (Id. at 14-15.) On February 15, 2022, the Court granted the United States' motion to appoint a receiver to sell Gorokhovsky's real property located at 10919 N. Hedgewood Lane, Mequon, Wisconsin (the Mequon Property). (ECF No. 227.) The Court gave Gorokhovsky 30 days (until March 17, 2022) to permanently vacate. (Id. at 4.) On March 2, 2022, Gorokhovsky filed a motion to enlarge time to vacate the Mequon Property, alleging various hardships he would suffer if forced to move out of the Mequon Property before May 1, 2022. (ECF No. 228.) On March 4, 2022, the United States filed its opposition to Gorokhovsky's motion. (ECF No. 230.) Gorokhovsky never replied. Because there is no valid reason for him to remain on the Mequon Property for even a minute longer, his motion will be denied.

Gorokhovsky alleges that he began an apartment search in December 2021, but soon learned that nothing would be available before May or June of 2022. (ECF No. 228 at 1.) He claims to have recently signed a residential lease with a move-in date of May 1, 2022. (Id.) And he states that he cannot leave the Mequon Property prior to that date because it will disrupt his business; he practices law from a home office, and he is expecting to receive mail related to his practice at the Mequon Property. (Id. at 2-3.)

These kinds of dubious, unsworn allegations are typical of Gorokhovsky's conduct in this case. While it may currently be a landlord's market, it is hard to fathom that there were no moderately priced apartments available to rent in the Milwaukee area from December 2021 through April 2022. As the United States notes in its response brief, the more likely story is that Gorokhovsky did not begin apartment hunting until after the Court issued its February 15 Order permitting sale of the Mequon Property. (ECF No. 230 at 2-3.) With respect to his home-based law practice, if Gorokhovsky wants to ensure delivery of his business-related mail, he can easily obtain a P.O. Box with the United States Postal Service. (Id. at 4.) If that is inconvenient, so be it. Tax fraud has consequences.

The time it took the Court to rule on this motion afforded Gorokhovsky an additional 19 days to vacate the Mequon Property. There is no reason for further delay.

Accordingly,

IT IS HEREBY ORDERED that Defendant's motion (ECF No. 228) is DENIED. Gorokhovsky is directed to vacate the premises of the Mequon Property immediately. If he does not, the Receiver is authorized to take any action contemplated by paragraph 11 of the Court's February 15, 2022 Order. (ECF No. 227 at 4-5.)

Dated at Milwaukee, Wisconsin on April 5, 2022.

BRETT H. LUDWIG
United States District Judge

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