United States v. Ayika, No. 15-50122 (5th Cir. 2016)
Annotate this CaseDefendant, a licensed pharmacist and proceeding pro se, appealed his conviction and sentence based on healthcare fraud. The court rejected defendant's challenges to his conviction, sentence of incarceration, and order of restitution. The court concluded, however, that the district court erred to the extent that it held that forfeitable assets arising from commingled funds could be seized under the procedures of 18 U.S.C. 982(a)(7); but when a defendant’s assets cannot be traced to the crime of conviction under section 982(a)(7), due to the defendant’s commingling of legal and illegal assets, the Government may then invoke the provisions of 21 U.S.C. 853(p) to satisfy the money judgment. Therefore, the court vacated the Preliminary Order of Forfeiture listing defendant's forfeitable assets; vacated the Judgment in a Criminal Case, in part, with respect to forfeiture (pages 9 and 10, which refer to those same assets); remanded for further proceedings with respect thereto; and affirmed the Judgment in all other respects.
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