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United States v. Tran

United States District Court, D. Nebraska

December 11, 2015

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

PRELIMINARY ORDER OF FORFEITURE

John M. Gerrard United States District Judge

This matter is before the Court on the plaintiff's Amended Motion for Preliminary Order of Forfeiture (filing 82). Count 1 of the superseding indictment in this case (filing 43) charged the defendant with health care fraud, in violation of 18 U.S.C. § 1347. The superseding indictment contained a forfeiture allegation seeking the forfeiture, pursuant to 18 U.S.C. § 982(a)(7), of:

1. $448, 860.37 restrained on April 1, 2015, from Wells Fargo Bank, Account No. 8302036762, in the name of Tran Pharmacy Inc., d/b/a Pharmacy Specialty Services;
2. $341, 217.60 restrained on April 1, 2015, from Wells Fargo Bank, Account No. 2274281779, in the name of Tran Pharmacy Inc.;
3. $103, 300.14 restrained on April 1, 2015, from U.S. Bank, Account No. 250881583307, in the name of Scott Tran;
4. $57, 887.07 restrained on April 1, 2015, from U.S. Bank, Account No. 150872081743, in the name of Scott Tran;
5. $408, 615.02 restrained on April 1, 2015, from First National Bank, Omaha, Account No. 20137556320, in the name of Scott and Judith Tran;
6. $359, 556.92 restrained on April 1, 2015, from First National Bank, Omaha, Account No. 61595758, in the name of Scott and Judith Tran;
7. Approximately $29, 841.99 restrained on April 1, 2015, from TD Ameritrade, Account No. 772-271083, in the name of Scott Tran (this is a Roth IRA account and the balance will fluctuate);
8. Approximately $32, 853.88 balance in the account on April 1, 2015, from First National Bank, Omaha, Account No. 20268714020, in the name of Judy Tran and ZT (whose name is known to the grand jury);
9. Approximately $79, 143.96 balance in the account on April 1, 2015, from First National Bank, Omaha, Account No. 20219506920, in the name of Judy Tran and CT (whose name is known to the grand jury);
10. Approximately $113, 160.43 balance in the account on April 9, 2015, from First National Bank, Omaha, Account No. 20205730120, in the name of Judy Tran and NT (whose name is known to the grand jury);
11. Real property, consisting of a house and lot at West Shores Lot 109, Block 0 Irreg., locally known as 604 S. 249th Circle, Waterloo, Douglas County, Nebraska;
12. A vehicle, to wit: a 2012 Infiniti, Model QX56, VIN JN8AZ2NE8C9016672;
13. A boat, to wit: a 2013 Mastercraft, VIN MBC3UFU9C313;
14. A boat trailer with VIN 19MSB2216D2F50032;
15. A sum of money equal to the total amount involved in the federal health care offense, including but not limited to $14, 430, 059.17.

Filing 43 at 6-7. The superseding indictment also sought the forfeiture of substitute property, pursuant to 18 U.S.C. § 982(b)(1) and 21 U.S.C. § 853(p), if the above-listed property could not be recovered. Filing 43 at 8.

The defendant has pled guilty to the superseding indictment and admitted the forfeiture allegation. Filings 65 and 70. In addition, in the plea agreement, the defendant agreed to forfeiture of the following specific items:

16. A house located at 1725 N. 169th St., ...

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