United States of America v. CURRENCY $337,328.63) FROM FLAGSTAR ACCOUNT #587542830 IN THE NAME OF 1ST CHOICE HOME CARE et al

Filing 56

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
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
vs.

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]
I.

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.

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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
motion.
II.

Applicable Law
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

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is exempted from offset by statute or regulation.
III.

Analysis
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
resources.
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
still owed.
18 U.S.C. § 3664(n). In other words, pursuant to 18 U.S.C. § 3664(n), as an

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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.
IV.

Conclusion
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
Case Manager

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