The History of Reza Zandian in Nevada (and some in California) A Work in Progress
This is about Reza Zandian aka Golamreza Zandianjazi aka Gholam Reza Zandian aka Reza Jazi aka J. Reza Jazi aka G. Reza jazi aka Ghononreza Zandian Jazi. He may use other names as well.
January 1993 - Zandian was arrested for trying to illegally export a high-performance computer through France to Iran and the computer was confiscated. See Exhibit 1 - Story in LA Times January 5, 1993 (Bates # JM_0001-4). He was put on trial. See Exhibit 2 - Criminal Case in U.S. District Court for California Case History (Bates # JM_0004-14). Somehow he beat the rap but he and his companies were banned from exporting equipment from the U.S. for ten years. See Exhibit 3 from the Federal Register for Monday July 31, 1995 (Bates # JM_0015-17).
April 1998 - Zandian’s company in France (Computer World Europe) was ordered bankrupt by the French Bankruptcy Court (Commercial Court of Pontoise) and Zandian was ordered to personally pay Computer World’s debts.
Indeed, Mr. ZANDIAN was guilty of a certain number of acts justifying that a sanction be ordered against him for repayment of the company’s liabilities out of his own assets [comblement de passif].
Following a judgment rendered by the 6th Chamber of this Court on 13 JUNE 1997, Mr. CANET, Esq.’s claim was allowed. Mr. ZANDIAN was ordered to personally assume the debts of the company up to the amount of 20,000,000 francs.
See Exhibit 4 (Case 16-50644-btb Doc 1).
In a document dated April 3, 2001 the judgment against Zandian (20M francs) was stated as 3,048,980.34 euros. See Exhibit 5 (Bates # JM_0615-616). This agrees with the 31 December 1998 Press Release by the European Central Bank Determination of the euro conversion rates which set the conversion rate for the French franc as 6.55957 francs = 1 euro. https://www.ecb.europa.eu/press/pr/date/1998/html/pr981231_2.en.html See Exhibit 6. Thus 20,000,000 francs = 3,048,980.34 euros. In 2001 the 3,048,980.34 euros would have been worth about $2,866,041 in U.S. dollars. (France went on the euro in 2002 and after February 17, 2012 the franc was no longer a legal currency. https://ec.europa.eu/info/business-economy-euro/euro-area/euro/eu-countries-and-euro/france-and-euro_en)
Most of the debt (19M francs) was to Bank Melli of Iran. We know this from the documents from the French Court. See Exhibit 7 (French with English translation, Bates # JM_0617-624). The debt to Bank Melli was 95% of the debt. That left 5% (1M francs = 152,449.02 euros) for everyone else.
Bank Melli was (and is) owned by the Government of Iran. And according to Fact Sheet: Designation of Iranian Entities and Individuals for Proliferation Activities and Support for Terrorism issued 10/25/2007 by the U.S. Department of the Treasury:
Bank Melli, its branches, and subsidiaries: Bank Melli is Iran's largest bank. Bank Melli provides banking services to entities involved in Iran's nuclear and ballistic missile programs, including entities listed by the U.N. for their involvement in those programs. This includes handling transactions in recent months for Bank Sepah, Defense Industries Organization, and Shahid Hemmat Industrial Group. Following the designation of Bank Sepah under UNSCR 1747, Bank Melli took precautions not to identify Sepah in transactions. Through its role as a financial conduit, Bank Melli has facilitated numerous purchases of sensitive materials for Iran's nuclear and missile programs. In doing so, Bank Melli has provided a range of financial services on behalf of Iran's nuclear and missile industries, including opening letters of credit and maintaining accounts.
{Emphasis added}
This came from: https://www.treasury.gov/press-center/press-releases/Pages/hp644.aspx . See Exhibit 8 (Bates # JM_0018-21).
It is reasonable to believe that:
1. The high performance IBM computer that Zandian attempted to illegally export to Iran (through France) was intended to be used in Iran’s nuclear and missile programs.
2. The money for the high performance IBM computer came from Bank Melli.
3. Since Zandian’s attempt failed and the computer was confiscated, the Government of Iran did not get its computer and Zandian could not pay back Bank Melli.
4. But Bank Melli wanted their money back, and this resulted (at least in part) in the French bankruptcy of Zandian’s Computer World Europe and “Indeed, Mr. ZANDIAN was guilty of a certain number of acts justifying that a sanction be ordered against him for repayment of the company’s liabilities out of his own assets [comblement de passif].”
2003 - Zandian bought several thousand acres of land in Nevada. Some of it was in LLC partnerships, some was in partnerships where the partners owned the land as tenants-in-common. With some of them his partners were Fred Sadri and Ray Koroghli. With some his partners were the Abrishami family. With some his partner was Sean S. Fayeghi who operates several hotels in Clark County. Some of the land Zandian kept just for himself. Some of these partnerships have not gone well. For example, at some point Zandian sued his partners Sadri and Koroghli.
Here is Defendants’ Ray Koroghli and Fariborz Sadri’s Answer and Counterclaim in the District Court Clark County Nevada in Case A 511131 (filed 10/05/2005). Exhibit 9 (Bates # WFZ0825-WFZ2598). It says a lot about Zandian’s character. The lawsuit was preceded by letters between the attorneys. See Exhibit 10. (WFZ1613-1616 and WFZ1623-1524). In it Sadri/Koroghli’s attorney alleges:
3. Unlawful Receipt of Real Estate Commission.
Once Wendover Project bought the property from Pico Holding, Mr. Jazi received an illegal kickback commission of $600,000 from the sellers. Attached are the checks. Mr. Jazi's receipt of this commission is regulated by and in violation of Nevada state law regarding the payment of such commissions; it diverted investor funds away from the LLC and inflated the purchase price; Mr. Jazi broke the law, breached his fiduciary duties, and put his own interests ahead of the company. The Nevada Department of Commerce has informed Mr. Sadri that the actions of Mr. Jazi are constitute serious violations of law and he faces violation charges. Messrs. Sadri and Koroghli are in possession of copies of the checks demonstrating the illegal commission he received, and they are attached for your reference.
There have been other cases as well and this case continues to reverberate to this day.
2004 (or so) - Lazo Trucking
Zandian sued Lazo Trucking in the case heard in the Superior Court of the State of California For the County of Los Angeles, Case No BC325137. Like all of Zandian’s lawsuits it was complicated, convoluted, and lengthy. Zandian had shipped 13 shipping containers from France (as Emfaco, which he owned) to himself. The shipping containers arrived at the Port of Los Angeles and were stored at Evergreen Shipping Agency America (http://www.evergreen-shipping.us/) where Zandian was supposed to promptly arrange for them to be sent on to their destination. He failed to do that and the shipping containers (one of which was leaking) sat there for a considerable period of time. Eventually Zandian had Lazo Trucking Company pick up the 12 containers that were not leaking and brought them to their company in Las Vegas. Zandian was supposed to arrange for Lazo to deliver them. Zandian wanted them to deliver the containers out on the empty desert. Lazo refused. Zandian disappeared again.
The containers were racking up storage fees at Lazo. At one point Zandian said he had gotten a cashiers check from Bank of America to pay them and that he would deliver the check in person. To show his good faith he faxed them a copy of the cashier’s check. He never showed up. Later on, Zandian insisted that the fax copy of the cashier’s check was proof that he had paid Lazo.
Lazo’s attorney, Ms. Susan Salisbury, deposed Mr. David Rojas of Bank of America, vice president in charge of the subpoena and levy department for Bank of America and vice president in group operations manager. Under Ms. Salisbury’s expert questioning Mr. Rojas admitted that Zandian had deposited the cashier’s check (for Lazo) back to his own account. See Exhibit 11 (Bates # JM_1141-1170). Ms. Salibury also deposed Vincent Carnovale of Evergreen. This gives a fascinating look into the Shipping business. See Exhibit 12 (Bates # JM_1054-1078).
Ms. Salisbury kindly consented to give testimony concerning Zandian when Universal Avionics sued Optima Technology Group (Robert Adams) and me in U.S. District Court for the District of Arizona in Case No. CV-00588-RC. Ms. Salisbury’s testimony gives more insight into Zandan’s character. See Exhibit 13 (Bates # JM_1171-1208). We also learn that Zandian has a Swiss bank account. See starting at the bottom of transcript page 55, PDF page 15.
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Q Okay. And the million euros which you just described, that's what Mr. Zandian claimed he paid for the equipment; is that correct?
A Yes. Well, yes.
And on Page 26 -- well, 25. And then says, I said to him: "Do you have any receipts for cash from EMFACO, did you get any kind of receipt or notation that the cash was received? "Regarding this purchase?"
And he says: "A Yes, we paid."
When I said: "Do you recall whether you paid for the machinery through a wire transfer from one bank to another bank?
A Yes, we paid them.
Q What bank did you transfer the money from?
A A bank in Switzerland.
Q And what was the name of the bank?
A EFG.
Q What bank did you transfer the money to?
A I don't recall that.
Q Was it also a Swiss bank?
A I don't know."
I mean, this was -- trying to take this man's deposition and get him to actually come up with any documentation was hopeless. First of all, he is using Swiss banks which are not going to produce any documentation, they're in another country, but he knows -- I mean, what my impression was he knows that he is making it impossible.
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Zandian wore Lazo Trucking out and, in a confidential settlement, Lazo settled for an unknown amount (more money for Zandian.) and we know he has a Swiss bank account.
July 2008 Zandian’s need for secrecy resulted (at least in part) in his Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(1)(C) and subsequent appeal being denied. See Exhibit 14 (Bates # JM_1103-1120). I found the file at the Web site of the United States Citizenship and Immigration Services (USCIS) sometime around March 2012. As of today the file is still there: https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2008/Jul102008_01B4203.pdf.
Although Zandian’s name is redacted the facts in the document can fit no one else.
From Exhibit 14 Page 4:
[The beneficiary] is the director and Secretary/Treasurer of [the petitioning company]. [The beneficiary] has vast knowledge of International Business and entrepreneurship, his main area of activity has been Computer hardware and software development, shipbuilding, printing and land development. . . [The beneficiary] is responsible for formation and investment and managing member [sic] of [the] following active entities:
Gold Canyon Development LLC,
Misfits Development LLC
Stagecoach Valley Development LLC,
I-50 Plaza LLC, Dayton Plaza LLC,
Sparksvillage LLC,
11,000 Reno Highway Fallon LLC,
Wendover Project LLC,
Big Spring Ranch LLC,
Nevada Land & Water Resources LLC,
And, starting on Page 9 of Exhibit 14:
The petitioner claims to be a subsidiary of Emfaco, S.A. a Swiss company. At the time of filing, the petitioner submitted the following documents:
• A Written Consent of Shareholder issued by Emfaco S.A., dated September 21, 2004, which identifies Emfaco as the sole voting shareholder in Optima Technology Corporation, a California corporation, and gives consent and approval for the beneficiary to act as the sole director of the corporation.
• A printout from the California Secretary of State's California Business Portal, which indicates that the petitioning company was incorporated in California on January 16, 1990 and remains active.
• The Corporate Charter for Optima Technology Corporation, a Nevada corporation established on October 11, 2004.
• The Articles of Incorporation for Optima Technology Corporation (Nevada), and an initial list of officers for this corporation.
Zandian owned Emfaco and, through it, Optima Technology Corporation (CA) and Optima Technology Corporation (NV). See Exhibit 13 transcript Page 20 (Bates # JM_1171-1208).
The supporting documents for the above are contained in Exhibit 15 (Bates # JM_1230-1232, 1235-1237, 1246-1247, 1233-1234, 1242-1245, 1226-1228, 1248-1250, 1229, 1238-1239, 1240-1241, 0742-0784)
June 3, 2010 (Out of chronological order)
From The Elko Daily June 3, 2010
ELKO - Fronteer Gold is hoping to use the power of eminent domain to condemn about 1,785 acres of private ranching property in Elko County for its planned Long Canyon gold mine. In a lawsuit, Fronteer seeks approval for its Long Canyon Project to immediately occupy 16 acres where it has no mineral interests and about 400 acres where the company has mineral rights but Big Springs Ranch owns surface rights. The lawsuit also seeks condemnation of the additional acreage.
In total, the Long Canyon Project includes 12,108 acres of public and private land. About 3,732 acres in the project area have severed estates, in which Fronteer owns mineral interests and the ranch owns surface rights, according to court documents.
The land is about 28 miles southeast of Wells on the eastern flank of the Pequop Mountains.
Those named in the lawsuit include Ray Koroghli, Reza Zandian, Fred Sadri and Eli Abrishami of Big Spring Ranch LLC.
.......
See Exhibit 16 for the full story.
The case was settled quickly. According to this SEC filing by Fronteer Development (http://www.sec.gov/Archives/edgar/containers/fix160/1271129/000106299311001183/exhibit1.htm) Page 61:
On March 5, 2010 Fronteer USA filed a complaint (the "Complaint") initiating an action against Big Spring Ranch LLC, Star Living Trust, Fred Sadri, Elias Abrishami, Ray Koroghly and Gholamreza Zandian Jazi, Jerry Goodwin, Black Stone Minerals Company L.P. and all other persons unknown claiming right, title, estate, lien or interest in the real property described in the complaint. The complaint was filed in the Fourth District Court of the State of Nevada in and for the County of Elko. In addition, Fronteer filed a Motion for Order Permitting Immediate Occupancy the same day to secure areas where immediate and continuous access is necessary to the Long Canyon Project.
The filing sought to verify Fronteer's use of certain surface rights under and in connection with its Mineral Reservation at the Long Canyon Project; and also, to condemn certain interests in Big Spring Ranch surface lands overlying Fronteer's dominant mineral rights and Big Spring Ranch Fee land for access for hydrology and engineering drilling and testing.
In August 2010, Fronteer reached a settlement with respect to the Complaint which resulted in Fronteer and its then joint venture partner AuEx acquiring the Big Springs Ranch, for a total price of US$12 million. The acquisition included the purchase of approximately 37,540 acres of surface rights, nearly all of the water rights appurtenant to the ranch, mineral rights and dwellings and improvements on the ranch.
{emphasis added}
See Exhibit 17.
What was Zandian’s share? According to Sadri they gave Zandian $2.5 million. Listen to Exhibit 18 (Bates # JM_0723) at 00:19. Sadri failed to send me the documents he promised. Sadri/Koroghli also refused to provide the documents later during Discovery.
December 2007 - In December 2007 Zandian fraudulently filed documents with the U.S. Patent and Trademark Office ("USPTO") assigning four of my patents to his company Optima Technology Corporation. He did this by using a Power-of-Attorney that was not his. I had given the Power-of-Attorney (over the Patents) to Robert Adams, CEO of Optima Technology, Inc. (later Optima Technology Group). For Zandian’s fraudulent assignments See Exhibit 19 . By the time Zandian stole the Patents, I had assigned U.S. Patents 5,566,073 and 5,904,724 to Optima Technology Group (but retained a strong financial interest in them) and I still owned U.S. Patents 5,978,488 and U. S. Patent No. 6,377,436.
Note that:
1. Optima Technology Corporation and Optima Technology Group are two different companies.
2. I had assigned the two patents to Optima Technology Group as per an agreement whereby I retained a substantial financial interest in the two patents.
3. I had given the Power-of-Attorney (over the Patents) to Robert Adams. Reza Zandian is not Robert Adams.
By an amazing coincidence Zandian stole the patents at the beginning of a vicious Declaratory Judgment patent lawsuit brought by Universal Avionics Systems Corporation (“UASC”) against Optima Technology Group, Robert Adams, and myself. It seems that Zandian planned to license “his” patents to UASC. See Exhibit 20 (Bates # JM_0091-96)) For some reason the deal does not seem to have gone through. In August 2008 the U.S. District Court for the District of Arizona Ordered that Zandian’s documents had been fraudulently filed and for the U.S. Patent Office to expunge his fraudulent assignments. See Exhibit 21 (Bates # JM_0097-98) . However, it cost me a bunch of money to get that far and Zandian had screwed up a major patent licensing deal that also cost me a bunch of money.
December 2009 - I sued Zandian in the First Judicial District Court of Nevada (Carson City). I have covered this extensively elsewhere. These are the highlights/lowlights.
March 7, 2011 - First Default Judgment against Zandian. See Exhibit 22 (Bates # JM_FJD_0150-155).
August 3, 2011 - The First Default Judgment was set aside for inadequate service. (Zandian’s first attorney was John Peter Lee.) See Exhibit 23 (Bates # 0327-330).
September 27, 2011 - John Peter Lee refused to accept service or give us Zandian’s address. See Exhibit 24 (Bates # JM_FJD_0381-384 in Bates # JM_FJD_0339-391). We were forced to serve him by publication.
February 21, 2012 - John Peter Lee moved to dismiss, and was denied. See Exhibit 25 (Bates # JM_FJD_0901-909).
March 6, 2012 - Zandian (through JP Lee) finally Answered the Complaint. However, it is a General Denial with no Affirmative Defenses. See Exhibit 26 (Bates # JM_FJD_0925-927). Zandian’s General Denial was later stricken as a sanction for his behavior.
April 26, 2012 - John Peter Lee withdrew, giving Zandian’s San Diego address. See Exhibit 27 (Bates # JM_FJD_0928-932). That is because First Judicial District Court Rule 22(3) expressly states that:
3. Any form of order permitting withdrawal of an attorney submitted to the Court for signature shall contain the address at which the party is to be served with notice of all further proceedings.
Note that it does not require the address of the party’s domicile, only “the address at which the party is to be served with notice of all further proceedings.” Rich people can have homes all over the world and could play whack-a-mole with which one is their domicile.
Zandian refused to respond to our Discovery requests, resulting in the second Default Judgment.
June 24, 2013 - Second Default Judgment. Judgment Amount: $1,495,775.74 . See Exhibit 28 (Bates # JM_FJD_1392-1394).
We recorded the Judgment in several Nevada counties where Zandian owned property personally. See Exhibit 29 (Bates # JM_0496-521).
February 6, 2014 - Zandian’s second attorney had moved to set aside the Default Judgment saying that John Peter Lee had given an incorrect address for Zandian. Zandian’s second attorney was Johnathon Fayeghi, a partner in one of Zandian’s properties and son of Sean S. Fayeghi who was Zandian’s partner in several Nevada LLCs. Zandian’s motion was denied. See Exhibit 30 (Bates # JM_FJD_1621-1630).
February 21, 2014 - Zandian’s second attorney withdrew. Zandian’s third attorney was Jason Woodbury of Kaempfer Crowell, who appealed the District Court’s decision in the Nevada Supreme Court. He lost (October 19, 2015). See Exhibit 31 (Bates # JM_SC1_1762-1764).
March and May of 2014 - Zandian recorded fraudulent conveyances in the Nevada counties where he owned property personally: Washoe County; Clark County; Lyon County; Churchill County; and Elko County. See Exhibit 32 (Bates # JM_0443-495). Under NRS 112.180(1)(a): a "transfer made ... by a debtor is fraudulent as to a creditor ... if the debtor made the transfer ... [w]ith actual intent to hinder, delay or defraud any creditor of the debtor[.]"
They were recorded by A+ Paralegals which was located only a few minutes walk from the offices of Kaempfer Crowell in Carson City. (From 510 W. 4th St, Carson City to 312 W. 4th St, Carson City. Look it up in Google Maps.) The documents were notarized by Collette Teuscher who was an officer of A+ Paralegals.
November 2014 - Zandian’s attorney Jason Woodbury was elected Carson City District Attorney, and turned the case over to Severin A. Carlson and Tara Zimmerman. Tara Zimmerman had been Judge Russell’s Law Clerk during part of the Zandian Lawsuit in the First Judicial District Court of Nevada.
Zandian had refused to post a supersedeas bond so we executed on Zandian’s interest in some of his Nevada properties. No one showed up at the Sheriffs’ auctions except my attorney who bought it for me out of the Judgment. (Other bidders may have been scared away by Zandian’s fraudulent conveyances.)
Clark County APNs (December 2014): 071-02-000-005 and 071-02-000-005.
Washoe County APNs (April 2015): 079-150-10; 084-040-02; 084-130-07; and 079-150-12.
Zandian had fraudulently conveyed his interest in all of these properties. See Exhibit 32 discussed above.
Three of the Washoe County properties (079-150-10, 084-040-02, and 084-130-07) are part of the nine Pah Rah properties.
1. Zandian bought the three Pah Rah properties as part of a group of nine properties (the nine Pah Rah properties) in 2003 with partners Sadri and Koroghli as tenants-in-common.
2. According to the Washoe County Recorder database at the time of the auction (April 3, 2015) the last entry relating to the ownership of the properties (other than Zandian’s fraudulent conveyance) was the Judgment Confirming Arbitration Award, Document Washoe County Doc # 3547263 recorded June 22, 2007 which gave Zandian 100% ownership of the properties free and clear. See Exhibit 33.
I wondered whether a potential buyer would see through Zandian’s fraudulent conveyances and take a risk to buy the parcels. None did.
The above three Washoe County properties are part of the nine Pah Rah properties. I had the three that I considered the least valuable auctioned off. See the maps at Exhibit 34. To get to APN 079-150-10 you have to go through Olinghouse. Olinghouse is generously described as a ghost town. See http://www.forgottennevada.org/sites/olinghouse.html (reproduced as Exhibit 35 Bates # JM_0819-0826). The article ends with:
Despite the rumors and reports of armed hillbillies guarding access to the town, Olinghouse is deserted. There are many many "No Tresspassing" signs so just stay on the road and you'll be fine. The local mine company has blocked access to the mine works, and they have alse fenced off their HQ and yard in the center of town. There are plenty of ruins around to look at.
North of Olinghouse in Jones Canyon is the remains of a old ranch and a substantial dam. The pond has a lot of water this year and actually covers the road so don't accidentally drive into it.
After Olinghouse the road becomes a dirt trail. Although I was in my 4WD truck I had to give up when I reached the northern border of 079-150-10. The terrain of the parcel is very mountainous. The other two parcels aren’t any better.
3. The value of a property is what people are willing to pay for it. From: https://en.wikibooks.org/wiki/Introduction_to_Economics downloaded 5/27/2017 (reproduced as Exhibit 51):
The discussion of values all start with one simple question: What is something worth?
Today's most common answer is one of those answers that are so deceptively simple that it seems obvious when you know it. But then remember that it took economists more than a hundred years to figure it out: Something is worth whatever you think it is worth. In 1st century BC, Publilius Syrus wrote: "Something is only worth what someone is willing to pay for it".
{Emphasis added}
My attorney was the only bidder. I could have bought the parcels for $10 each. Nonetheless I paid what I felt was fair for the Properties considering their location and the potential costs of having Zandian’s fraudulent conveyances voided.
December 10, 2015 - Kaempfer Crowell moved to withdraw:
Motion to Withdraw - “In this case, Defendant has not only substantially failed to fulfill his obligations to Kaempfer Crowell regarding its services, but also insists upon taking action that the lawyer considers to be repugnant or with which the lawyer has a fundamental disagreement. Consequently, Counsel hereby requests that the Court issue an order allowing withdrawal as Defendant's counsel.”
We opposed it because we questioned whether Kaempfer Crowell had given a good address for Zandian. The Court required some additional information from them and then granted their motion to withdraw. See Exhibit 36 (Bates # JM_FJD_2563-2574).
January 22, 2016 - Zandian was ordered to appear in Court to Show Cause why he should not be held in Contempt of Court for failing to comply with the Order for Debtor’s Examination. See Exhibit 37 (Bates # JM_FJD_2605-2607).
February 3, 2016 - Zandian failed to appear and an Arrest Warrant was issued by Judge Russell. See Exhibit 38 (Bates # JM_FJD_2614-2615).
April, 2016 - Zandian attempted to bribe my attorney, Adam McMillen. See Exhibit 39 (Bates # JM_0837-841).
May 3, 2016 - We filed a Motion to Void Deeds, etc to void Zandian’s fraudulent conveyances, seize some of his remaining property in Nevada, and have some auctioned off. See Exhibit 40 (From Bates # JM_FJD_2653-2954 but without the lengthy exhibits ).
May 19, 2016 - Patrick Canet (French Liquidation Attorney) filed a Chapter 15 Petition in U.S. Bankruptcy Court. See Exhibit 41 (USBC 16-50644 Document 1). This was about the judgment against Zandian in the French Bankruptcy Court 18 years before. But this was only 16 days after we filed the Motion to Void Deeds, etc. Or it might relate to something Zandian said when he was attempting to bribe my attorney. From Exhibit 39 (Bates # JM_0837-841) April 19, 2016:
I made a very sincere offer and waiting your decision to accept or reject it, please let me know before end of this week. Please let me know since I may not be able to execute it for reasons beyond my control if it takes more time or your client is undecided.
It sounds like Zandian was threatening to start something that he would not be able to stop. Was it Canet’s Chapter 15 Petition?
June 23, 2016 - First USBC Hearing. We asked several questions like, Is this really being brought by Canet or is this Zandian pretending to be Canet? And, the French Judgment against Zandian is in francs. The franc is no longer a legal currency. Canet’s Reno attorney (Jeffrey Hartman) said: “The only thing that I have in my possession is the English and French document that I attached to the, the petition.” Exhibit 42 is a copy of the recording of the hearing. Exhibit 43 is an unofficial transcript that I had made by GoTranscript (www.gotranscript.com).
September 6, 2016 - Second USBC Hearing. Canet’s attorney Jeffrey Hartman says if Canet’s Chapter 15 Petition is granted he will file Chapter 7 for Zandian. Judge Beesley grants Chapter 15 Petition. Exhibit 44 is a copy of the recording of the hearing. The official Court transcript of the hearing is Exhibit 45.
March 6, 2018 - As of this day it has been 18 months since Hartman has made that promise to the Court and he hasn’t done it.
There are a few other matters.
1. Local Rule 7041
Any proceeding that has been pending in this court for more than one (1) year without any activity of record may, after notice, be dismissed for want of prosecution on motion by any party, or by the court. In addition, in appropriate circumstances, the court may issue an order to show cause why a proceeding should not be dismissed regardless of how long it has been pending.
2. Remember that most of the 1998 French Judgment against Zandian was for Bank Melli of Iran? It turns out that while most of the sanctions against Iran were lifted in 2016, not all of them were. Under 31 CFR § 560 and Executive 13599 it is still illegal to send money to the Government of Iran, and that includes Bank Melli. See Exhibit 46 Paragraph A.3 (Bates # JM_0566-511), Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action (JCPOA) on Implementation Day, downloaded on or after October 7, 2016 from https://www.treasury.gov/resource-center/sanctions/Programs/Documents/jcpoa_faqs.pdf . For an excerpt of OFFICE OF FOREIGN ASSETS CONTROL List of Persons Identified as Blocked Solely Pursuant to Executive Order 13599 see Exhibit 47 (Bates # JM_0612614). If a bankruptcy trustee were appointed, sold Zandian’s assets, sent the money to Canet, and Canet sent it to Bank Melli then the bankruptcy trustee would be committing a criminal act. And, indeed, the objective of Hartman/Canet’s Chapter 15 Petition would be a criminal act.
This depends on whether Bank Melli’s claim on Zandian was definitely approved. As of 2011 this had not happened. See Exhibit 48 (Bates # JM_0625-637; French with English translation).
What if Bank Melli’s claim has not been approved? According to documents from the French Court Canet has already collected at least 450,000 euros from Zandian. From Exhibit 48 PDF Page 5:
That this Court has known about the sale of another property belonging to Mr. Gholam ZANDIAN JAZI as part of his legal liquidation for an amount of 300 000 euros and that Mr. Gholam ZANDIAN JAZI contested in the High Court of PANTOISE the schedule of claims established on August 5, 2011 by Me CANET;
That the debt of the BANK MELLI IRAN in the liability of Mr. Gholam Reza ZANDIAN JAZI is not definitively approved;
That Mr. Gholam Reza ZANDIAN JAZI provided the amount of 150 000 000 {sic} euros on a CARPA account of the SCP HYEST AND ASSOCIATED dated on May 6, 2011;
There is a typo in the document translation where it says 150 000 000 euros. The original French document says 150 000 euros.
Que monsieur Gholam Reza ZANDIAN JAZI a apporte la somme de 150 000 euros sur un compte CARPA de la SCP HYEST ET ASSOCIES en date du 6 mai 2011.
Therefore, we know that as of 2011 Canet had collected at least 450,000 euros from Zandian and that because the claim by Bank Melli/The Government of Iran had not (at least by that point in time) been definitely approved, that all of Zandian’s other creditors (whose claims had apparently been approved) should have been paid.
That should have completely cleared Zandian’s debt.
If so, then attempting to collect a debt that has already been paid constitutes fraud upon the Court.
And what does this have to do with Zandian?
When Canet served his Chapter 15 Petition, Zandian served himself. See Exhibit 49 (USBC16-50644-btb Document 17). This is extraordinary considering the lengths to which Zandian went to evade service in my lawsuit against him.
I smell a rat here. And, considering Zandian’s history, the rat smells like Zandian.
I wrote the preceding before we received Canet’s Response to our Request For Admissions. See Exhibit 50.
His Response answered some questions, but not all of them.
Here is a really Big One:
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REQUEST NO. 8: Admit that you filed your Chapter 15 Petition in U.S. Bankruptcy Court as a result of being contacted by ZANDIAN on or before 2016.
RESPONSE: Admit.
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Ding! Ding! Ding!
There are other interesting admissions in Canet’s Response to our Request For Admissions (such as that Bank Melli’s claim was never approved) but this article is about Zandian. And Canet failed to respond to our Interrogatories and Request For Production (of documents). One of the Requests For Production is:
REQUEST NO. 23: Produce all Documents, Communications, and Writings identifying the debtors and amounts owed in the FRENCH ACTION that is the basis of Your Chapter 15 Petition.
There is a great concept in Arizona tort law of the acts of an “an evil hand guided by an evil mind.” (See Rawlings v. Apodaca, 151 Ariz. 149 (1986), 726 P.2d 565.) It looks like Zandian’s evil mind is guiding several evil hands here.
And that is the History of Reza Zandian in Nevada (and some in California) so far.
July 25, 2018
Zandian’s longtime partners Sadri and Koroghli jumped onto Canet’s case with an Adversary Complaint against me and it looked like Zandian’s interest in the Pah Rah properties was now worthless. Sadri and Koroghli pointed to a Stipulated Agreement where Zandian had given them back their 2/3 interest in the Pah Rah properties as tenants-in-common. The thing is, the Stipulated Agreement was not recorded in Washoe County (where the Pah Rah properties are) until September 25, 2017 which was well after the auction. See Washoe County Doc # 4747575 Exhibit 52 .
Then something surprising happened. Actually, two things. I found out in January 2018 that:
1. A company wanted to put in a huge solar farm in close proximity to the Pah Rah properties. The solar farm project is the Dodge Flat Solar Project. This is the Washoe County staff report on the project, See Exhibit 53. The Wahoe County Planning Commission approved it. It then went to the Washoe County Commissioners who approved it at their March 27, 2018 meeting. See Exhibit 54.
2. It was from the Washoe County staff report on the project that I learned that the Nevada Department of Transportation will be building a road to bypass Route 447 where it goes past the Natchez Elementary School where the speed limit is 15 MPH (NDOT Project No. H6169400). This will provide better access to the Dodge Flat Solar Project and to the Pah Rah properties. See Exhibit 55.
Because of these two things the Pah Rah properties might be worth something after all.
BTW, it seems that someone wrote a song about the Pah Rah properties and there are actual lyrics to Pah Rah Rah Boom De Ay. Who knew?
This version is by Mary Martin: https://www.youtube.com/watch?v=DnmhtU_Z1vA
This was done by Elsa Lanchester. https://www.youtube.com/watch?v=wn1nYwl3U4I No wonder the Monster fell in love with her in Bride of Frankenstein.
In recognition of the Canet Chapter 15 Petition, there is this one: https://www.youtube.com/watch?v=bBznKYCQ3Ms
If the song gets stuck in your head this might help: https://www.youtube.com/watch?v=0NP9v6uwdAc
If you want something newer try this one: https://www.youtube.com/watch?v=O8milJNj_W0
The magnificent soprano singing high counterpoint is Anita Darian.
Ok. I’ll stop now.
February 2, 2021
In the Fall of 2019 I hired Paris Attorney Maitre Isabelle Victoria Carbuccia, attorney to the Appeal Court of Paris, to investigate the current status of the 1998 French Action which was the sole document that Canet had used to justify his Chapter 15 Petition. In Maitre Carbuccia’s affidavit she said:
2- There is no time frame set by the French commercial Code or other commercial regulations to close bankruptcy proceedings except in cases of <<simplified>> bankruptcy proceedings but this is not applicable in the present case. This being said, a bankruptcy judgment is like any other judgment in France, compelled to be enforced within 10 years (L 111-4 of the Code of civil enforcement procedures).
The report states <<Les recouvrements sont réalisés>> which means that collection has been done and is over.
It doesn't appear from the available documents that the French Court knows that Maître Canet filed a Chapter 15 Petition in U.S. Bankruptcy Court in May 2016.
5- The bankruptcy proceedings of COMPUTER WORLD were closed by judgment of November 16th of 2018 for insufficient assets -defined by Article R 643-16 of the French commercial Code as" ...when the proceeds of the realization of the assets of the debtor and the actions and proceedings undertaken in the interest of the enterprise or creditors no longer allows creditors to be paid, even partially."
6. An other result of the closing of the bankruptcy proceedings of Computer World is that the liquidator (SCP Canet-Morand) has ceased to represent the company (Article L 643-9 of the Commerce Code).
Note that according to L 643-9 the court can appoint someone, generally the liquidator, to continue the proceedings in progress and to distribute the sums collected at the end of these proceedings: THERE WAS NOT SUCH A DECISION, which implies that there were no ongoing proceedings to the knowledge of the Court.
Notice that Canet never told the French Court that he had filed a Chapter 15 Petition in U.S. Bankruptcy Court and he never told U.S. Bankruptcy Court that the Computer World bankruptcy in the French Court had been closed. The Judgment against Zandian in France (in 1998) was because his company in France (Computer World) had gone bankrupt and the French Court had ordered him to personally pay the company’s debts, up to 20M francs. The bankruptcy of Computer World in France is tied to Zandian having been arrested in 1993 in the U.S. trying to export a high performance IBM computer to Iran through France. Although he beat the rap the computer was confiscated. Iran didn’t get the computer and didn’t get its money back. Thus the bankruptcy of Computer World in France. It is a lot more complicated than that and I have covered it elsewhere.
We presented Maitre Carbuccia’s evidence to the Court and at the hearing held January 2, 2020, Hartman said:
MR. HARTMAN: Your Honor, at a prior hearing, you continued matters until today. My task was to try and get a report from the proceedings in Paris. I've sent two communications over asking for that report and that information so that I could file it here. I've gotten no response, so I can't oppose the dismissal in good faith.
(Transcript of hearing, Page 4 lines 2 - 5.) For the transcript Click Here.
That should have ended the case (and Sadri/Koroghli’s Adversary case) right there, but it didn’t. Some day I might write about it.
The case was formally dismissed with prejudice 10/14/2020. Click here.
It was formally closed on November 2, 2020. Click here.
And one more thing about Canet’s fraudulent Chapter 15. During discovery in the Adversary case brought by Zandian’s partners Fred Sadri (“Sadri”) and Ray Koroghli (“Koroghli”) Canet failed to produce any Disclosures. And although Canet refused to respond to my Interrogatories and Requests For Production he did respond to my Requests For Admissions. In it Canet admitted he filed his Chapter 15 Petition in U.S. Bankruptcy Court as a result of being contacted by Zandian on or before 2016. He did this in his Response to Request #8. Click here.
On January 15, 2021 we filed (in the Carson City Court) NOTICE OF TERMINATION OF BANKRUPTCY PROCEEDINGS (Click Here) and REQUEST FOR SUBMISSION (Click Here).
The Request For Submission was for the Motion to Void Deeds, etc that we filed May 2016 which was stayed by Canet’s fraudulent Chapter 15 Petition. Zandian had not filed an Opposition to it (at the time) so he could not file one now. Therefore the Motion was granted.
On January 19, 2021 the Court issued ORDER GRANTING PLAINTIFF'S MOTION TO VOID DEEDS, ASSIGN PROPERTY, FOR WRIT OF EXECUTION AND TO CONVEY. Click Here.
On January 25, 2021 the Order was entered. Click Here.
And then Zandian filed another Appeal with the Nevada Supreme Court. He appealed an Order granting a Motion that he had not opposed.
This was Zandian’s fourth appeal to the Nevada Supreme Court.
In Case 65205 (filed March 2014) Zandian appealed the Carson City Court’s Order Denying his Motion to Set Aside the Default Judgment against him. In Case 65960 (filed June 2014) he appealed the Court’s Order giving me my Costs and Necessary Disbursements. The Supreme Court consolidated both appeals and in October 2015 affirmed the Court in both appeals.
In Case 69372 (filed December 2015) Zandian appealed the Court’s ORDER GRANTING PLAINTIFF’S MOTION FOR DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS. This appeal was dismissed for being non-statutory in April 2016.
In his fourth Appeal (Case 82559 filed March 2021) Zandian appealed the Court’s ORDER GRANTING PLAINTIFF’S MOTION TO VOID DEEDS, ASSIGN PROPERTY, FOR WRIT OF EXECUTION AND TO CONVEY. The Supreme Court dismissed Zandian’s appeal for being non-statutory making it clear that post-judgment orders for executing on a judgment that do not affect rights already incorporated in the judgment are not appealable. My Default Judgment against Zandian did not give him any rights. It gave him only the duty to pay me money, which he refuses to so. Remittitur was issued June 1, 2022.
For the full story of Zandian’s fourth appeal Click Here.
Now it is back to the Carson City Court.
.end (for now)