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United States v. Tran

United States District Court, D. Nebraska

March 31, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
SCOTT T. TRAN, Defendant.

FILED UNDER SEAL

JOHN M. GERRARD, District Judge.

TEMPORARY RESTRAINING ORDER

On this 31st day of March 2015, at 4:45 p.m., upon consideration of Plaintiff United States of America's Emergency Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction and Brief in Support, pursuant to 18 U.S.C. § 1345, the Complaint filed by Plaintiff United States of America, and the Declaration of Michael W. Maseth, the Court finds that the United States has demonstrated, by a preponderance of the evidence, [1] that:

1. The Defendant Scott T. Tran is violating and unless enjoined will continue to violate 18 U.S.C. § 1347 and has committed and unless enjoined would continue to commit a Federal health care offense through the submission of false and fraudulent claims to the Medicaid program;

2. The Defendant is alienating or disposing of property, and intends to alienate or dispose of property, obtained as a result of a Federal health care offense, property which is traceable to such violation, or property of equivalent value; and

3. The provision of advance notice to the Defendant will likely aggravate the damage that this Order seeks to prevent because advance notice will provide the Defendant with the opportunity to transfer, expend, or conceal the remaining property.

Based on the foregoing, the Court hereby concludes as follows:

4. That the requested relief be considered and GRANTED without prior notice to the Defendant; and

5. Because the United States' motion is based upon 18 U.S.C. § 1345, which expressly authorizes injunctive relief to protect the public interest, no specific finding of irreparable harm is necessary, no showing of the inadequacy of other remedies at law is necessary, and no balancing of the interests of the parties is required prior to the issuance of a temporary restraining order in this case.

After consideration of the foregoing, it is therefore

ORDERED, ADJUDGED, and DECREED that the Defendant, his respective owners, agents, employees, attorneys, and all persons acting in concert and participation with him, including all banking and other financial institutions at which he does business, and all corporations over which he exercises control, who receive actual or constructive notice by personal service, by publication, or otherwise, be enjoined as follows:

1. From making, submitting, or conspiring: to make or submit any claims to the Medicaid program or any health care benefit program, as defined in 18 U.S.C. § 24(b), in violation of 18 U.S.C. § 1347; and from committing any Federal health care offense, as defined in 18 U.S.C. § 24;

2. From alienating, withdrawing, transferring, removing, dissipating, or otherwise disposing of, in any manner, any moneys or sums presently deposited, or held on behalf of the Defendant by any financial institution, trust fund, or other financial entity, public or private, that are proceeds or profits from the Defendant's Federal health care offenses or property of an ...


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