United States District Court, E.D. Michigan, Southern Division
ORDER DENYING AFSHEEN HABIB'S PETITION FOR
HEARING ; GRANTING GOVERNMENT'S MOTION TO DISMISS
J. Tarnow, Senior United States District Judge
7, 2017, Petitioner Afsheen Habib, through counsel, filed a
Petition for Hearing to Adjudicate Validity of Interest in
Currency Seized from Bank Account . On June 26, 2017, the
Government filed a Motion to Dismiss Third-Party Petition of
Afsheen Habib for Failure to State a Claim . Petitioner
filed a Response  on July 6, 2017. The Government filed a
Reply  on July 13, 2017.
reasons stated below, Afsheen Habib's Petition for
Hearing  is DENIED and the
Government's Motion to Dismiss  is
and Procedural Background
November 5, 2014, the Government filed a Criminal Complaint
 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
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.
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.
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
. 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.
October 13, 2016, the Court entered a Judgment , 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.