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Home Source documents Court filing — No. 2:22-cr-00154 (Dkt. 20, C.D. Cal.)

Court filing — No. 2:22-cr-00154 (Dkt. 20, C.D. Cal.)

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       Case 2:22-cr-00154-SB Document 20 Filed 04/27/22 Page 1 of 4 Page ID #:73




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                                                             CLERK, U.S ~
                                                                              ACT COURT
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                   IN THE UNITED STATES DISTRICT COURT
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                FOR THE CENTRAL DISTRICT OF CALIFORNIA
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12                                           Case No. 2:22-CR-00154-SB
      UNITED STATES OF AMERICA,
13                                           ORDER OF DETENTION
                       Plaintiff,
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                  v.
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      Imran Chaudhry Shams,
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17                     Defendant.
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19         On Apri120, 2022, Defendant Imran Chaudhry Shams made his initial
20   appearance on the Indictment filed in this matter. At Defendant's request,
21   the detention hearing was continued to Apri127, 2022, and the Court found
22   good cause for Defendant's request to continue the detention hearing one
23   week from the date of the initial appearance.
24         A detention hearing was held on Apri127, 2022. Defendant submitted
25   on the detention recommendation in the Pretrial Services Report.
26         ~     On motion by the Government or on the Court's own motion
27   [18 U.S.C. § 31420(2)] in a case allegedly involving a serious risk that the
28   defendant will flee.
       Case 2:22-cr-00154-SB Document 20 Filed 04/27/22 Page 2 of 4 Page ID #:74




 1         The Court finds that no condition or combination of conditions will

 2 ~ reasonably assure:
 3               ~ the appearance of the defendant as required.

 4               ~ the safety of any person or the community.

 5         The Court has considered the following:

 6        (a) the nature and circumstances of the offenses) charged, including

 7         whether the offense is a crime of violence, a Federal crime of terrorism,

 8         or involves a minor victim or a controlled substance, firearm, explosive,

 9         or destructive device;

10        (b) the weight of evidence against the defendant;

11        (c) the history and characteristics of the defendant; and

12        (d)the nature and seriousness of the danger to any person or the

13         community.

14   See 18 U.S.C. § 3142(8) The Court also considered the allegations in the

15   Indictment and the Reports and Recommendation of detention of the Pretrial

16   Services Agency dated Apri120 and Apri127, 2022, which include the Report

17   and Recommendation of the Pretrial Services Agency in the Eastern District

18   of New York dated November 16, 2017.

19         The Court bases its conclusions on the following:

20         As to risk of non-appearance:

21               ~     Defendant is a citizen of and has family ties to Pakistan;
22               ~     Since coming to the United States in 1985, Defendant has
23   traveled to Pakistan, Europe and South America;

24               ~     Defendant is alleged to have laundered hundreds of

25   thousands of dollars to Pakistan;

26               ~     Defendant is charged in the Indictment with conspiracy to

27   commit health care fraud and to defraud the United State and to solicit,

28   receive, offer and pay illegal remuneration for health care referrals, illegal

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       Case 2:22-cr-00154-SB Document 20 Filed 04/27/22 Page 3 of 4 Page ID #:75




 1 ~ remuneration for health care referrals, false statements to secure health care
 2   payments, and conspiracy to commit money laundering;

 3               ~      Defendant committed the offenses alleged in the

 4   Indictment while on bond and pending sentencing in the Eastern District of

 5   New York for a similar federal health care fraud offense (he pled guilty to

 6   conspiracy to commit money laundering, conspiracy to receive and pay health

 7   care kickbacks, and conspiracy to defraud by obstructing the lawful functions

 8   of the Internal Revenue Service) involving an $18 million fraud;

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                 D      Defendant's prior convictions include Medicaid fraud in

10 ' 1989, felony grand theft related to Medicare and Medi-Cal billing fraud in
11   Orange County Superior Court in 2001, and driving under the influence of

12   alcohol in 2007, 2009 and 2013.

13          As to danger to the community:

14               D     The allegations in the Indictment, as set forth above;

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                 D     Defendant's prior convictions, as set forth above, and his

16   pattern of similar criminal conduct that endangers the community.

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                 x     Defendant committed the alleged offenses while on bond

18   and pending sentencing for similar conduct, as set forth above.

19         It is therefore ORDERED that Defendant Imran Chaudhry Shams be

20   detained until trial. The defendant will be committed to the custody of the

21   Attorney General for confinement in a corrections facility separate, to the

22   extent practicable, from persons awaiting or serving sentences or being held

23   in custody pending appeal. The defendant will be afforded reasonable

24   opportunity for private consultation with counsel. On order of a Court of the

25   United States or on request of any attorney for the Government, the person

26   in charge of the corrections facility in which defendant is confined will deliver

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        Case 2:22-cr-00154-SB Document 20 Filed 04/27/22 Page 4 of 4 Page ID #:76




 1     the defendant to a United States Marshal for the purpose of an appearance in

 2     connection with a court proceeding. See 18 U.S.C. § 3142(1).

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       Dated: Apri127, 2022
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 6                                  PATRICIA DONAHUE
                                    UNITED STATES MAGISTRATE JUDGE
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