United States of America v. CURRENCY $337,328.63) FROM FLAGSTAR ACCOUNT #587542830 IN THE NAME OF 1ST CHOICE HOME CARE et al
AMENDED ORDER Granting Plaintiff's Motion to Lift Stay and to Enter an Order to Transfer the Defendant In Rem $64,591.38 51 . Signed by District Judge Denise Page Hood. (LSau)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
UNITED STATES OF AMERICA,
Civil No. 12-CV-14787
Honorable Denise Page Hood
THREE HUNDRED THIRTY SEVEN
THOUSAND THREE HUNDRED TWENTY
EIGHT DOLLARS AND SIXTY THREE
CENTS ($337,328.63) FROM FLAGSTAR
ACCOUNT #587542830 IN THE NAME OF
1ST CHOICE HOME CARE, et al.;
Defendants in Rem.
AMENDED ORDER GRANTING PLAINTIFF’S MOTION
TO LIFT STAY AND TO ENTER AN ORDER TO
TRANSFER THE DEFENDANT IN REM $64,591.38 [#51]
Introduction and Factual Background
In case number 12-20272 (the “criminal case”), Jamella Al-Jumail was charged,
along with 12 other defendants, with health care fraud. Ms. Al-Jumail was convicted
and her sentence includes, among other things, restitution to the U.S. Department of
Human Services (“HHS”) in the amount of $589,516.69.
According to the
Government, that entire amount remains outstanding.
In conjunction with the criminal case, the Government filed a Complaint for
Forfeiture on October 29, 2012 with respect to numerous bank accounts, investment
accounts, jewelry, gift cards, and a vehicle (the “defendants in rem”). No putative
claimants filed a verified claim to any of the defendants in rem, though Ms. Al-Jumail
did file an administrative claim to the FBI on August 12, 2012 with respect to
$64,591.38 in Comerica Account #1852602588 in the name of Be Well Home Care,
LLC (“$64,591.38”), which account she owned. Attorney Maria P. Mannarino has
appeared on behalf of Ms. Al-Jumail at the proceedings in this matter, as noted below.
On March 14, 2016, the Court stayed the proceedings in this civil case. On July
26, 2016, the Government filed a Motion to Lift Stay and Enter Order to Transfer
$64,591.38 from Comerica Account #1852602588 to the Clerk of the Court to be
applied toward the $589,516.69 in restitution owed by Defendant Jamella Al-Jumail.
No written response to the Government’s motion has been filed.
The Court scheduled a hearing on the Government’s motion for November 1,
2016. The Government attorney and Ms. Mannarino, appearing on behalf of Ms. AlJumail, were present. Ms. Mannarino was Ms. Al-Jumail’s attorney in the criminal
case. Ms. Mannarino was not specifically retained by Ms. Al-Jumail for this matter,
but no one had filed an appearance on behalf of Ms. Al-Jumail and Ms. Al-Jumail
remains in federal custody on the criminal case. On August 18, 2016, the Court had
appointed Ms. Mannarino as CJA Counsel to represent Ms. Al-Jumail, an interested
party. At the November 1, 2016, hearing Ms. Mannarino advised the Court that Ms.
Al-Jumail had indicated to Ms. Mannarino that Ms. Al-Jumail would be seeking a
civil attorney to represent her regarding this matter. The Court adjourned the hearing
for approximately 90 days to allow Ms. Al-Jumail to obtain such an attorney.
On March 1, 2017, the Court held a second hearing regarding the Government’s
motion. Ms. Mannarino again appeared on behalf of Ms. Al-Jumail. Ms. Mannarino
advised the Court that her client (and her client’s family) recently informed Ms.
Mannarino that they had obtained “new” counsel for Ms. Al-Jumail. Ms. Mannarino
further advised the Court that she had contacted the “new” counsel for Ms. Al-Jumail.
The “new” counsel had informed Ms. Mannarino that he was handling a collateral
appeal of Ms. Al-Jumail’s criminal case, but he was not representing Ms. Al-Jumail
with respect to the instant matter. Ms. Mannarino continued to represent Ms. AlJumail at the March 1, 2017, presenting argument in opposition to the Government’s
A criminal restitution order may be enforced “in accordance with the practices
and procedures for the enforcement of a civil judgment under Federal law or State
law.” 18 U.S.C. §§ 3613(a), 3613(f). The Treasury Offset Program, see 31 U.S.C. §
3716, subjects to offset “all funds payable by the United States,” 31 USC §
3701(a)(1), to an individual who owes delinquent federal debts, unless the payment
is exempted from offset by statute or regulation.
In the words of the Government, it is “seek[ing] relief which would essentially
reach the same result, but more swiftly and expediently, as an order to the [United
States Marshal Service] to transfer the funds to the Clerk of the Court to be applied
to Al-Jumail’s outstanding criminal restitution judgment.” The Government argues,
and the Court finds, that there is no dispute that the money Ms. Al-Jumail owes to
HHS is considered a “debt” and that the United States is authorized to collect on
behalf of the victim. The Government contends, and the Court finds, that any
litigation by Ms. Al-Jumail of her right, title, or interest in the $64,591.38 in this
forfeiture proceeding would be a futile expenditure of Government and judicial
At the end of the case, even if victorious, Ms. Al-Jumail would not personally
recoup the $64,591.38 because it would be subject to collection by the United States
to be paid toward restitution owed to HHS:
If a person obligated to provide restitution, or pay a fine, receives
substantial resources from any source, including inheritance, settlement,
or other judgment, during a period of incarceration, such person shall be
required to apply the value of such resources to any restitution or fine
18 U.S.C. § 3664(n). In other words, pursuant to 18 U.S.C. § 3664(n), as an
incarcerated person obligated to pay restitution, Ms. Al-Jumail would be required to
apply the value of any judgment in this forfeiture case to her restitution obligation.
In light of Ms. Al-Jumail’s outstanding restitution obligation and the mandatory
provisions of 18 U.S.C. § 3664, the Court concludes that any attempt by Ms.
Al-Jumail to seek return of the $64,591.38 would be a claim made without a good
faith basis for personal recovery.
For the reasons stated above, IT IS ORDERED that the Government’s Motion
to Lift Stay and Enter Order to Transfer $64,591.38 from Comerica Account
#1852602588 to the Clerk of the Court [#51] is GRANTED.
IT IS ORDERED.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: March 22, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of
record on March 22, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
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