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United States v. Kejbou

United States District Court, E.D. Michigan, Southern Division

April 7, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
D-1 ADNAN KEJBOU, Defendant. UNITED STATES OF AMERICA, Plaintiff,
v.
D-1 AYAD K. YATOOMA, Defendant.

PRELIMINARY ORDER OF FORFEITURE

GEORGE CARAM STEEH, District Judge.

WHEREAS, an Information was filed on September 16, 2014, which charged Defendant AYAD K. YATOOMA, with Count One, Food Stamp Fraud pursuant to 7 U.S.C. § 2024;

WHEREAS, based on the same underlying allegations as those found in the criminal case pertaining to Defendant AYAD K. YATOOMA, an Information was filed on December 8, 2014 in a companion case, which charged defendant Adnan Kejbou with Count One, Food Stamp Fraud pursuant to 7 U.S.C. § 2024. (Docket No. 14-cr-20774, Doc. #1).

WHEREAS, the charging documents filed as to both defendants AYAD K. YATOOMA and ADNAN KEJBOU provided notice of the government's intent to pursue criminal forfeiture, pursuant to 7 U.S.C. § 2024(f), of the following:

i. A forfeiture money judgment against the defendants in favor of the United States in the amount of One Million Seven Hundred Twenty Seven Thousand Three Hundred Ninety Seven Dollars ($1, 727, 397.00);
ii. One Hundred Twelve Thousand Eight Hundred Twenty-Six Dollars and Ninety-Six Cents ($112, 826.96) in U.S. currency, traceable to the sale of Real property, including all buildings, fixtures, improvements, and appurtenances, commonly known as 870-880 W. McNichols, Detroit, Wayne County,

WHEREAS, on or about October 21, 2014, Defendant AYAD K. YATOOMA pleaded guilty to Count One of the Information (Docket No. 14-cr-20555, doc. #4 at 1 (Yatooma Rule 11 Plea Agreement));

WHEREAS, on or about January 21, 2014, Defendant ADNAN KEJBOU pleaded guilty to Count One of the Information (Docket No. 14-cr-20774, Doc. #6 at (Kejbou Rule 11 Plea Agrement));

WHEREAS, the defendants also agreed in their Rule 11 Plea Agreements to forfeit to the United States, pursuant to 7 U.S.C. § 2024(f), any interest each defendant may have in the proceeds from the sale of the real property located at 870-880 W. McNichols, Detroit, Wayne County, MI, which sum equals One Hundred Twelve Thousand Eight Hundred Twenty-Six Dollars and Ninety-Six Cents ($112, 826.96) in U.S. currency. (Docket No. 14-cr-20555, Doc. #4 at 5-6, Yatooma Rule 11 Plea Agreement; Docket No. 14-cr-20774, Doc. #6 at 6, Kejbou Rule 11 Plea Agreement);

WHEREAS, the defendants also agreed to the entry of a forfeiture money judgment against each in favor of the United States in the amount of One Million Seven Hundred Twenty Seven Thousand Three Hundred Ninety Seven Dollars ($1, 727, 397.00), representing the total value of the property subject to forfeiture for Defendants' violation of Count One as charged in their respective Information. (Docket No. 14-cr-20555, Doc. #4 at 6; Docket No. 14-cr-20774, Doc. #6 at 5-6). Defendants further agreed that each shall be held jointly and severally liable for the forfeiture money judgment with any other co-defendants found guilty of violating 7 U.S.C. § 2024, under the facts and circumstances alleged in Count One of their respective charging document. ( Id. );

WHEREAS, the factual basis for the guilty pleas of Defendants Kejbou and Yatoom both relate to food stamp fraud occurring at Caesar Food Center in Detroit, Michigan in or about May 2007 and continuing through August 2011, and that:

[F]rom May 2007 through August 2011, the defendant, with his partner obtained, for Caesar, approximately $1, 724, 397.00 in food stamp benefits which were purchased for cash at a discounted rate pursuant to the scheme described above, or were exchanged for ineligible items[.]

(Docket No. 14-cr-20555, Doc. #4 at 2; Docket No. 14-cr-20774, Doc. #6 at 2);

WHEREAS, the defendants and the government agreed in their respective Rule 11 Plea Agreements that the amount of the forfeiture money judgment shall be reduced by the net amount realized from the property ultimately forfeited to the United States in the related civil forfeiture proceeding, United States v. $16, 170.59 from Huntington Bank Account #1347, et al., 12-cv-11216 (Lawson, J.). ( Id. at 6). The assets in the related civil forfeiture proceeding were forfeited by way of stipulated consent judgments on January 4, 2013 and May 8, 2013, respectively. (Doc. ## 67 and 69, Civil Case ...


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