AMENDED STIPULATION FOR THE DISPOSITION OF SEIZED FUNDS; AND ORDER THEREON

[No Hearing Requested]

DALE A. DROZD, District Judge.

Plaintiff United States of America and defendant Basil Hantash, through their authorized representatives (the Parties), hereby seek an amended order for the disposition of the approximately $687,583.17 in funds seized from Defendant's Vanguard Marketing Corporation account. The prior stipulation (Doc. 41) misidentified one of the named insurance companies; namely, Blue Shield of California and this amended stipulation serves to correctly identify said company. In addition, pursuant to the prior stipulation, and as of the date of this stipulation, Dr. Hantash was returned the balance of the Seized Funds on or about December 30, 2019, with Dr. Hantash confirming receipt of same through his counsel of record. Thus, the parties seek an amended order directing the:

A. United States Marshals Service (the USMS) to turnover $173,749.00 of the seized funds to the Clerk of Court and return the remainder to Defendant; and

B. Clerk of Court (the Clerk) to pay the $173,749.00 to the two insurance companies named, and as set forth, below.

The Parties stipulate as follows:

1. The United States indicted Defendant on multiple counts of heath care fraud pursuant to 18 U.S.C. § 1347(a)(1) and (a)(2). ECF No. 1. The Indictment alleges Defendant defrauded two health care insurance companies, Anthem Blue Cross and Blue Shield of California. Id. As part of this case, the United States seized a total of $687,583.17 from Defendant's Vanguard Marketing Corporation account number 719229381 (the Seized Funds).

2. On September 27, 2019, the Parties signed a deferred prosecution agreement resolving this case (the Agreement). ECF No. 33. The Court approved the Agreement on September 30, 2019. ECF No. 36.

3. The Agreement requires Defendant, among other things, to reimburse Anthem Blue Cross and Blue Shield of California a total of $173,749.00, allocated as follows: $92,234.00 to Anthem Blue Cross; and $81,515.00 to Blue Shield of California. ECF No. 33, paragraph 4(b). The Agreement requires the United States to return the remaining Seized Funds to Defendant. Id., at paragraph 5.

4. Based on the foregoing, the Parties agree the Court can and should enter an order directing the:

A. USMS to turnover $173,749.002 of the Seized Funds to the Clerk within ten days following the filing of the order approving this stipulation;

B. USMS to return the balance of the Seized Funds to Defendant through his counsel of record within ten days following the filing of the order approving this stipulation; and

C. Clerk to pay $92,234.00 to Anthem Blue Cross and $81,515.00 to Blue Shield of California within twenty days following the filing of the order approving this stipulation according to the payment instructions stated in the accompanying order.

ORDER

The Court, having reviewed the court files and the Parties' Stipulation for the Disposition of Seized Funds (the Stipulation), and good cause appearing therefrom, hereby APPROVES the Stipulation. Accordingly, IT IS ORDERED that the:

1. USMS shall turnover $173,749.00 of the Seized funds to the Clerk and return the remainder to Defendant through his counsel, Jeffrey T. Hammerschmidt, within ten days following the filing of this order; and

2. Clerk shall pay, within twenty days following the filing of this order, $92,234.00 to Anthem Blue Cross and $81,515 to Blue Shield of California. The Clerk shall make the payments as follows:

IT IS SO ORDERED.