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United States v. Abbas

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

April 24, 2019

United States of America, Plaintiff,
v.
Talal Abbas, Defendant.

          MATTHEW SCHNEIDER United States Attorney Adriana Dydell Assistant United States Attorney

          Doraid B. Elder Attorney for Defendant

          STIPULATED PRELIMINARY ORDER OF FORFEITURE

          HONORABLE ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE

         The United States of America, by and through its attorneys, Matthew Schneider, United States Attorney for the Eastern District of Michigan, and Adriana Dydell, Assistant United States Attorney, together with Defendant Talal Abbas ("Defendant"), individually and by and through his attorney, Doraid B. Elder, submit this Stipulated Preliminary Order of Forfeiture to the Court and stipulate and agree to the following:

         1. The United States of America (the "United States") filed a Felony Information ("Information") on or around November 15, 2018, which charged Defendant with Count One, Federal Program Fraud in violation of 18 U.S.C. § 641. (ECF No. 1).

         2. The Information includes forfeiture allegations providing notice to Defendant that, upon conviction of the offense charged in Count One of the Information, the Defendant shall forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c), any property, real or personal, constituting, or derived from proceeds obtained, directly or indirectly, as a result of said violations. The property to be forfeited includes, but is not limited to, the following: $9, 380 in U.S. Currency. In addition, the United States intends to seek a forfeiture money judgment for the total amount of proceeds obtained by Defendant as a result of his offense.

         3. On or about April 24, 2019, Defendant pleaded guilty to Count One of the Information.

         4. In his Rule 11 Plea Agreement ("Rule 11"), Defendant agreed to forfeit to the United States, pursuant to 18 U.S.C. § 981(a)(1)(C) together with 28 U.S.C. § 2461(c), any property, real or personal, which constitutes or is derived from proceeds traceable to his violation of Count One of the Information.

         5. The Defendant's agreement to forfeiture in his Rule 11 includes forfeiture of his interest in the following (hereinafter "Subject Property"): $9, 380 in U.S. Currency seized from 5244 Neckel Street, Dearborn, Michigan.

         6. In his Rule 11, Defendant agreed to a forfeiture money judgment in favor of the United States in the amount of Nine Hundred and Sixty-Six Thousand Four Hundred and Seventy-One Dollars and Seven Cents ($966, 471.07). The Defendant agreed that this amount represents the value of criminal proceeds that he personally obtained as a result of his violation of Count One of the Information. The parties agreed that the forfeiture money judgment shall be reduced by the net value of any property forfeited under a final order of forfeiture in this case, or any related administrative forfeiture proceeding;, after adjudicating third-party petitions, and reducing for costs and maintenance expenses.

         7. In his Rule 11, Defendant agreed to stipulate to and not oppose the entry of a Preliminary Order of Forfeiture regarding the forfeiture money judgment and property to be forfeited in this criminal proceeding.

         8. In his Rule 11 Defendant agreed that, pursuant to 21 U.S.C. § 853(p) if, by any act or omission of the Defendant, any property subject to forfeiture cannot be located upon the exercise of due diligence; has been transferred, sold to or deposited with a third party; has been placed beyond the jurisdiction of the court; has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty, the Defendant shall forfeit any of his other real or personal property, up to the value of such unavailable assets.

         9. In his Rule 11, the Defendant expressly waived his right, pursuant to Federal Rule of Criminal Procedure 32.2(b)(5), to have a jury determine the forfeitability of his interest in any property identified for forfeiture. The Defendant further waived the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging instrument, pronouncement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment.

         10. In his Rule 11, Defendant acknowledged that he understood that the forfeiture of assets is part of the sentence that may be imposed in this case and waived any failure by the court to advise him of this, ...


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