United States v. Alquzah

91 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 31150, 2015 WL 1263142
CourtDistrict Court, W.D. North Carolina
DecidedMarch 13, 2015
DocketNo. 3:11-cr-0373-FDW-DSK
StatusPublished
Cited by1 cases

This text of 91 F. Supp. 3d 818 (United States v. Alquzah) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alquzah, 91 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 31150, 2015 WL 1263142 (W.D.N.C. 2015).

Opinion

ORDER

FRANK D. WHITNEY, Chief Judge.

THIS MATTER is before the Court on the Government’s Motion to Dismiss the petition in part and for partial summary judgment (Doc. No. 549) as to properties which have been preliminarily forfeited in this case. Petitioner is Defendant’s wife. Except for Petitioner’s partial interests in two real properties located in Kentucky and in one bank account, the Government moved to dismiss her petition for lack of standing or, in the alternative, for summary judgment.

For the reasons which follow, the Government’s motion for partial summary judgment is GRANTED.

I.BACKGROUND

Defendant was convicted at trial of conspiracy in violation of 18 U.S.C. § 371 to commit violations of 18 U.S.C. § 2314 (interstate transportation of stolen property) and § 2315 (receiving stolen property in interstate commerce), as well as money laundering conspiracy under 18 U.S.C. § 1956(h) and substantive money laundering crimes. The property consisted of cigarettes which were represented to be stolen as part of a “sting” operation by undercover law enforcement agents. See 18 U.S.C. § 21.

The following assets were listed in the Preliminary Order of Forfeiture (Nunc Pro Tunc) (the “Preliminary Order”) filed herein on February 10, 2014, (Doc. 446), and have been contested by Petitioner:

Financial accounts.

1. First Federal Charleston xxxxxx8483.

4. First Federal Charleston xxxxxxl906 (funds transferred from xxxxxl782).

5. First Federal Charleston xxxxxx8587.

6. Wells Fargo xxxxxxxxx2464

The following real property (or a substitute res, if applicable).

1. 1609 Oakhurst Dr., Mt. Pleasant, SC.

2. 337 Whitfield Dr., Lexington, KY.
3. 1479 Boardwalk, Lexington, KY.

4. Any surplus proceeds following foreclosure by Wells Fargo Bank, N.A., on 3724 Covenant Road, Columbia, SC, as a substitute res for that property.

Financial accounts owned or. controlled by Defendant.

2. Wells Fargo xxxxxxxxx8779.

In addition, Petitioner has claimed certain other assets not listed in the Preliminary Order, which need not be addressed at this time.

For purposes of summary judgment, except as otherwise noted, the material facts appear from the record and are found primarily in (1) the Stipulations and Unopposed Representations for Forfeiture Hearing, which was filed on January 31, 2014, (Doc. 443-1), in connection with sentencing; (2) the Government’s Memorandum in Support of the present motion (Doc. 550); and (3) the exhibits supporting these two documents. Petitioner has not denied or challenged these facts, and they are therefore undisputed.

Petitioner’s name appears on the title document for only one of the assets, a jointly-held bank account, although she did [822]*822sign a mortgage for the real property located at 1479 Boardwalk, Lexington, Kentucky.

The Boardwalk property (“Boardwalk”) was deeded to Defendant on January 24, 2006, and was refinanced on February 13, 2009. Regarding Boardwalk, the Government is seeking a partial summary judgment that would allow forfeiture of slightly more than two-thirds of the net equity value of this property, representing the approximate value of Defendant’s interest. As a result of this forfeiture, the Government argues that the estimated value of Petitioner’s interest, which is an inchoate dower interest under Kentucky law, would be released to her at the proper time. See 21 U.S.C. § 853(g) (authorizing the Court to “take any other action to protect the interest of the United States in the property ordered forfeited”). One such “other action,” is contemplated by 18 U.S.C. § 983(d)(5) (in civil forfeiture, as to property in which an innocent owner holds a partial interest, authorizing the Court to sever property or to transfer property to the Government with compensation for the partial interest to be paid after liquidation), even though § 983(d)(5) is not directly applicable to criminal forfeiture.

Similarly, the house at 337 Whitfield Drive, Lexington, Kentucky, (“Whitfield Drive”), is titled solely in the name of Defendant. However, Petitioner also appears to have an inchoate dower interest in this property under Kentucky law. Therefore, the Court will allow the Government to sell this property, with the value of Petitioner’s interest to be paid to her from the net proceeds of the sale.

The First Federal Charleston xxxxxx8587 account is a joint account in the name of Defendant “or” Petitioner. It was opened on February 6, 2010, which was after the charged conspiracy began1 but before Defendant became involved.2 The amount seized was $3,289.52. No other person has filed a petition regarding this account.

As to the remaining assets, title is held in the name of one or more persons or entities other than Petitioner.

The First Federal Charleston (“FFC”) xxxxxx8483 account is held in the name of Rania, Inc., and associated with a Subway restaurant in South Carolina, identified as Subway 22320; the names of Defendant, Ali Alqaza, and Amer Quzah, but not Petitioner, appear on the signature card for this account, from which the sum of $1,755.93 was seized. Ali Alqaza and Amer Quzah have filed third-party petitions herein but have not asserted an interest in this account.

Similarly, the FFC xxxxxxl906 account is in the name of Dina, Inc., and associated with Subway 22598 as a restricted account (controlled by the Marshals Service) for funds transferred from FFC xxxxxxl782, the restaurant’s operating account, which is also in the name of Dina, Inc. The names of Defendant, Ali Alqaza and Amer Quzah, but not Petitioner, appear on the signature card for FFC xxxxxxl782. The balance in this account on October 31, 2012, was $8,724.48. Quzah has filed a third-party petition to assert an interest in this account, which is pending, but Alqaza has not done so. More recently, according to the Government, the Marshals Service has reported that the account balance is $8,228.34, but additional rent and other Subway expenses may be paid out of this account until final resolution of all claims to this asset and the related restaurant.

[823]*823The Wells Fargo xxxxxxxxx2464 account is titled solely in the name of Defendant. The amount seized was $213.69.

The real property located at 1609 Oak-hurst Dr., Mt. Pleasant, South Carolina, (“Oakhurst Drive”), is titled solely in the name of Defendant. This house is or has been the residence of Defendant, Petitioner, and their children. It was appraised at $495,000.00 and is subject to a mortgage which is in default, with a reported recent balance of $392,356.75.

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91 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 31150, 2015 WL 1263142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alquzah-ncwd-2015.