United States v. Maali

346 F. Supp. 2d 1226, 2004 U.S. Dist. LEXIS 22767, 2004 WL 2656865
CourtDistrict Court, M.D. Florida
DecidedAugust 8, 2004
Docket6:02-cr-00171
StatusPublished
Cited by2 cases

This text of 346 F. Supp. 2d 1226 (United States v. Maali) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Maali, 346 F. Supp. 2d 1226, 2004 U.S. Dist. LEXIS 22767, 2004 WL 2656865 (M.D. Fla. 2004).

Opinion

ORDER

ANTOON, District Judge.

The Defendants 1 in this case have been charged in a 71-count Third Superseding Indictment with crimes involving employment and harboring of aliens and tax evasion. 2 This Order addresses the Defendants’ motions to suppress evidence seized *1229 during a wide-scale search and seizure operation that was conducted in November 2002. 3 Having considered the parties’ written submissions and oral argument, as well as the evidence and testimony presented at a nine-day evidentiary hearing, the Court concludes that the Defendants’ motions shall be granted in part and denied in part. Some, but not all, of the seized evidence shall be suppressed.

I. Background

Defendants Jesse Maali (“Mr. Maali”) and M. Saleem Khanani (“Mr. Khanani”) are businessmen who own and operate several businesses together in the Orlando, Florida area. Mr. Maali and Mr. Khanani also are each involved in other businesses independent' of one another, that is, in which the other of them has no interest. Among the businesses in which they are both involved are Defendants Big Bargain World, Inc. and SS Mart, Inc., entities which in turn own several “Big Bargain World” (“BBW”) stores that sell retail merchandise, primarily to tourists. Mr. Maali and Mr. Khanani are also the sole officers and shareholders of Sports Domi- *1230 nator, Inc., a BBW spinoff that sells sports-related retail merchandise in “Sports Dominator” stores. Defendant David Portlock (“Mr. Portlock”) is an accountant who has performed accounting services for Mr. Maali, Mr. Khanani, and their businesses; his accounting business also has many other clients who are in no way connected with this case.

On November 6, 2002- — the same day that an Indictment was filed under seal against most of the current Defendants 4 — • United States Magistrate Judge James G. Glazebrook authorized search warrants for thirteen locations: seven BBW stores; two Sports Dominator stores; a BBW corporate office/warehouse; the office of Mr. Portlock; the office of Maali Enterprises; and the residence of Mr. Maali. Additionally, on November 14, 2002, after searches of the first thirteen locations had begun, United States Magistrate Judge David A. Baker authorized a search warrant for a fourteenth location — a Shurgard storage unit that had been rented by Mr. Portlock. These search warrants were issued after the magistrate judges had been presented with a 59-page, 93-paragraph “Master Affidavit” (Khanani Ex. 14) 5 sworn to by Agent Donald Buechner of the Immigration and Naturalization Service (“INS”), now known as Immigration, Customs, and Enforcement (“ICE”). The fourteenth warrant was also supported by an additional affidavit attested to by DEA Special Agent Timothy Jones. (See Government’s Ex. 14).

In the Master Affidavit, Agent Buechner described an investigation by a multi-agen-cy task force of Mr. Maali and his businesses that had been underway since 1999. Agent Buechner stated that based on that investigation, there was probable cause to believe that searches of thirteen sites would

lead to evidence of violation of federal law, including but not limited to: Title 8, United States Code, Section 1324(a)(l)(A)(iv), (encouraging or inducing undocumented aliens to come to, enter, or reside in the United States): Title 8, United States Code, Section 1324(a)(l)(A)(v)(I) (conspiracy to violate); Title 8, United States Code, Section 1324(a)(l)(A)(v)(II), (aiding and abetting the commission of any 1324(a)(1)(A) offense); Title 8, United States Code, Section 1324(a)(l)(A)(iii), (harboring aliens); and Title 26, United States Code, Sections 7201 and 7206, (Evasion of Employment Tax and False Employment Tax Returns).

(Master Aff. at 2 ¶ 3).

In the Master Affidavit, Agent Buechner recounted the task force’s investigation of the subject businesses, the employment of aliens 6 by some of those businesses, and the manner in which the aliens were paid so as to avoid both detection by immigration officials and employment taxes. The task force investigators had determined through analysis of records and from conversations with cooperating informants *1231 that aliens had been employed at BBW stores “during the period January 1, 1999 through October 2002, ... and an elaborate scheme was used to hide payments to those aliens and disguise them as legitimate business transactions.” (Master Aff. at 4 ¶ 10). The payments were hidden through the establishment and use of four “shell company” accounts which were funded by proceeds from the retail sales of the businesses — proceeds which were disguised as operating expense payments to supposed vendors.

The Master Affidavit lists by name more than fifty employees who were determined either never to have been authorized to work at Big Bargain World, not to have been authorized during at least part of their employment, or to have been paid from the shell company accounts but not reported as employees to the Florida Department of Revenue or the IRS. (Master Aff. at 8-25 ¶¶ 18-20). Also listed as to these employees are dates of birth, country of citizenship (where known), dates of entry into the country, and the amounts of payments received by them. (Master Aff. at 8-25 ¶¶ 18-20). At least six of the employees paid through the four shell company accounts were listed as employees of Sports Dominator on Sports Domi-nator’s Florida unemployment tax returns for 2000 and 2001. (Master Aff. at 47 ¶ 73).

The Master Affidavit states that while “legitimate” employees of the businesses were paid regular wages through payroll bank accounts by a payroll company used by the businesses, between 1999 and 2001 unauthorized aliens were paid through a separate system using the accounts of the four shell companies — entities named T & S Printing, Florida Freight, Rainbow Merchandising, and Center Care Maintenance. (Master Aff. at 6-7, 8 ¶ 17). The shell company accounts had been established in 1999 by two BBW employees, Defendants Khan Aslam and Saeedullah Awan, who were under the direct control of Mr. Maali and Mr. Khanani. (Master Aff. at 6-7 ¶ 14).

During 1999, 2000, and 2001, checks were written from the accounts of these shell companies to pay the unauthorized aliens’ wages. (Master Aff. at 5 ¶ 12). However, in June 2001 — shortly after grand jury subpoenas were served on the banks that held the shell companies’ accounts — the payments from these accounts stopped, and after that date the aliens were instead paid with cash. (Master Aff. ¶¶ 12, 16). Additionally, shortly after the grand jury subpoenas were served, three of the shell company accounts were closed, and activity in the fourth shell company account ceased. (Master Aff. at 7 ¶ 16).

These four “shell companies provided no discernable service to their owners and were set up exclusively to conceal the criminal activity.” (Master Aff. at 6 ¶ 14). The shell company accounts were funded by sales and rental income from Mr.

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Bluebook (online)
346 F. Supp. 2d 1226, 2004 U.S. Dist. LEXIS 22767, 2004 WL 2656865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-maali-flmd-2004.