Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Akhtar

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

October 23, 2017

United States of America, Plaintiff,
v.
Javed Akhtar, Defendant.

          ORDER DENYING AFSHEEN HABIB'S PETITION FOR HEARING [51]; GRANTING GOVERNMENT'S MOTION TO DISMISS [54]

          Arthur J. Tarnow, Senior United States District Judge

         On June 7, 2017, Petitioner Afsheen Habib, through counsel, filed a Petition for Hearing to Adjudicate Validity of Interest in Currency Seized from Bank Account [51]. On June 26, 2017, the Government filed a Motion to Dismiss Third-Party Petition of Afsheen Habib for Failure to State a Claim [54]. Petitioner filed a Response [55] on July 6, 2017. The Government filed a Reply [56] on July 13, 2017.

         For the reasons stated below, Afsheen Habib's Petition for Hearing [51] is DENIED and the Government's Motion to Dismiss [54] is GRANTED.

         Factual and Procedural Background

         On November 5, 2014, the Government filed a Criminal Complaint [1] alleging that Defendant Javed Akhtar had participated in a health care fraud scheme. Also on that date, the Federal Bureau of Investigation (FBI) executed seizure warrants of bank accounts affiliated with Defendant and the fraudulent scheme.

         On March 17, 2015, the Government filed a Complaint for Civil Forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C). United States of America v. Forty-Seven Thousand One Hundred Fifty Seven and 38/100 ($47, 157.38) et al, No. 15-11025, (E.D. Mich. Mar. 18, 2015). Of the six accounts listed in the Complaint for Civil Forfeiture, two were in the name of Petitioner Afsheen Habib, Defendant's wife. The remaining four were in Defendant's name.

         On April 25, 2015, Petitioner filed a Claim of Interest in Defendant's property as to the two accounts in her name. Id. at Dkt. #11. On May 5, 2015, the Court entered an Order staying the civil forfeiture action pending completion of Defendant's criminal proceeding. Id. at Dkt. #12.

         On November 12, 2015, Defendant pleaded guilty to two counts of 18 U.S.C. § 1349 Conspiracy to Commit Health Care Fraud. [Dkt. #33]. As part of the Rule 11 Plea Agreement, Defendant agreed to forfeiture of any interest he might have in the Subject Property. Id. The Subject Property included:

. Forty-Seven Thousand One Hundred Fifty-Seven Dollars and Thirty Eight Cents ($47, 157.38) in U.S. Currency from Advantage One Credit Union Member Share and Draft Account Number XXXXX3523;
. One Hundred Forty-Three Thousand Eight Hundred Sixty-Five Dollars and Thirty Cents ($143, 865.30) in U.S. Currency from Advantage One Credit Union Member Certificate of Deposit Account Number XXXXX3523;
. Thirty-Four Thousand One Hundred Ninety-Three Dollars and Forty-Eight Dollars ($34, 193.48) in U.S. Currency from JP Morgan Chase Bank Account Number 795588417;
. Twenty-Four Thousand Eight Hundred Fifty-Three Dollars and Forty Cents ($24, 853.40) in U.S. Currency from Advantage One Credit Union Member Share and Draft Account Number XXXXX4152;
. Two Hundred Twenty Five Dollars and Eleven Cents ($225.11) in U.S. Currency from JP Morgan Chase Bank Account Number 914893284; and
. Five Hundred Twenty Six Dollars and Ninety Seven Cents ($526.97) in U.S. Currency from JP Morgan Chase Bank Account Number 2963372236.

         On October 13, 2016, the Court entered a Judgment [47], which among other things, included the forfeiture of $250, 821.64 (Subject Property) pursuant to 18 U.S.C. § 982(8)(7). The Subject Property included two Advantage One Credit Union accounts (XXXXX3523) in Petitioner Afsheen Habib's name. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.