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United States v. Zigmond

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

April 12, 2018

United States of America, Plaintiff,
v.
D-1 Boris Zigmond, Defendant.

          PRELIMINARY ORDER OF FORFEITURE

          Hon. George Caram Steeh United States District Judge.

         The court having considered the Application for Entry of Preliminary Order of Forfeiture (R. 245), the Defendant's Objections to the Government's Application (R. 255), the Reply of the United States pertaining to Defendant's Objections (R. 262), the Sentencing Memorandum submitted by the United States (R. 314), the Sentencing Memorandum submitted by the Defendant (R. 317), and the evidence presented during a Sentencing Hearing held on April 10, 2018, ORDERS the following:

1. The United States established by a preponderance of the evidence that the Defendant obtained $1, 844, 000 as a result of his supervision of a scheme to distribute controlled substances in violation of Title 18, United States Code, Sections 841 and 846. In reaching its decision, the Court adopts the formula submitted by the United States that the Defendant admitted during his plea colloquy on August 3, 2017, that he was responsible for the medically unnecessary distribution of 332, 000 dosage units of oxycodone, a Schedule II Controlled Substance. (R. Plea Hrg. Tr. Pg.ID 1709).
2. The Court further finds that the Defendant admitted during his plea colloquy that he obtained $500 for each patient appointment in which individuals would receive a prescription for 90 pills of the oxycodone.
3. The Court, therefore, ORDERS the imposition of a forfeiture judgment in the amount of $1, 844, 000 against the Defendant pursuant to Title 21, United States Code, Section 853(a) and 853(p). In reaching its finding, the Court further concludes, that $1, 844, 000 cannot be located upon the exercise of due diligence by the United States.
4. The Court further finds that the Defendant admitted during his plea colloquy that $37, 400 in United States Currency seized from a safe deposit box and $340, 000 in United States Currency constituted property involved in money laundering. The Court, therefore, ORDERS the forfeiture to the United States the above-mentioned assets as property involved in money laundering pursuant to Title 18, United States Code, Section 982(a).
5. Further, the Court finds that the Defendant failed to rebut the presumption pursuant to Title 21, United States Code, Section 853(d) that the following property is subject to forfeiture because the United States established by a preponderance of the evidence that: 1) such property was acquired by such person during the period of the violation of the Controlled Substances Act or within a reasonable time after such period; and 2) there was likely no source for such property other than the violation of the Controlled Substances Act for which the Defendant was convicted:
a) One Hundred Thousand Two Hundred Six Dollars and Fifteen Cents ($100, 206.15) in U.S. Currency seized from Comerica Bank Account No. 9200053941 on or about March 24, 2015;
b) One Hundred Thousand Three Hundred Thirty Four Dollars and Sixty Three Cents ($100, 334.63) in U.S. Currency seized from PNC Bank Account No. 1205646651 on or about March 23, 2015;
c) One Hundred Thousand Four Hundred Eighty Seven Dollars and Ninety One Cents ($100, 487.91) seized from Desjardins Bank Account No. 14047583 on or about March 23, 2015; d) One Hundred Thousand Four Hundred Seventy Eight Dollars ($100, 478.00) in U.S. Currency seized from Transcapital Bank Account No. 50250434 on or about March 23, 2015;
e) Sixty Nine Thousand Six Hundred Fifty Dollars ($69, 650.00) in U.S. Currency seized from SunTrust Bank Account No. 1000108297085 on or about March 25, 2015;
f) One Hundred Thousand One Hundred Twenty One Dollars and Nine Cents ($100, 121.09) in U.S. Currency seized from Banking and Trust Company Account No. 0000446191624 on or about March 25, 2015;
g) Ninety Four Thousand Seven Hundred Fifty Dollars ($94, 750.00) in U.S. Currency seized from City National Bank of Florida Account No. 0708007623 on or about March 25, 2015;
h) Three Thousand Five Hundred Twenty Four Dollars and Forty Three Cents ($3, 524.43) in U.S. Currency seized from Bank of America Account No. ...

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