Indictment — United States v. Cemhan Biricik and Martin Perlin, Eastern District of Michigan (ECF No. 1)

Summary

A grand jury Indictment in United States v. Cemhan "Jimmy" Biricik and Dr. Martin Perlin, Case 5:25-cr-20543-JEL-KGA, in the United States District Court for the Eastern District of Michigan, Southern Division, filed July 22, 2025. The caption lists violations of 18 U.S.C. § 1349 and 18 U.S.C. § 1347. The indictment describes Fast Lab Technologies, LLC as a Wyoming company that purported to be a medical diagnostic laboratory offering at-home COVID tests at zero cost to the consumer, with Biricik as its sole member and Chief Executive Officer and Perlin as its Medical Director and primary referring physician. It sets out the Medicare, Medicaid, TRICARE, FEHBP and private insurance rules for billing COVID-19 tests, including the January 15, 2022 requirement that private plans cover up to eight over the counter tests per individual per month.

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Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.1 Filed 07/22/25 Page 1 of 28 ot

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, Case: 5:25-cr-20543 _

Description: SEALED MATTER

v. (LLH)
D-1 Cemhan “Jimmy” Biricik, Violations: 18 U.S.C. § 1349
D-2 Dr. Martin Perlin, 18 U.S.C. § 1347

Defendants.

INDICTMENT
THE GRAND JURY CHARGES:
GENERAL ALLEGATIONS

At all times relevant to this Indictment:

1. Fast Lab Technologies, LLC (Fast Lab) was a Wyoming limited liability
company, formed on September 14, 2021. Its principal place of business was
1178 Broadway, New York, NY 10001. Fast Lab purported to be a medical
diagnostic laboratory that offered a full range of bioanalytical testing services,
including at-home COVID tests at “zero cost” to the consumer.

2. Fast Lab was enrolled or credentialed as a participating provider with
Medicare, Medicaid, TRICARE, the Federal Employees Healthcare Benefits

Program (FEHBP), and multiple private insurance plans.
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3. Defendant CEMHAN “JIMMY” BIRICIK, a resident of Florida, was the
sole member and Chief Executive Officer of Fast Lab.

4. Defendant Dr. MARTIN PERLIN, a resident of Connecticut, was the
Medical Director and primary referring physician for Fast Lab.

5. The Medicare Program (Medicare) was a federal healthcare program for the
aged and disabled established by Congress in 1965, as Title XVIII of the Social
Security Act and codified at 42 U.S.C. § 1395. Medicare was administered
through the Centers for Medicare and Medicaid Services (CMS), a division of the
United States Department of Health and Human Services. Individuals who
received benefits under Medicare were referred to as Medicare "beneficiaries."

6. Medicare was a "health care benefit program" as defined by Title 18,
United States Code, Section 24(b).

7. Medicare included coverage under four primary components: hospital
insurance (Part A), medical insurance (Part B), Medicare Advantage (Part C), and
prescription drug benefits (Part D). Medicare Part B covered the cost of
physicians’ services and other ancillary services (including testing) not covered
by Part A.

8. Under Medicare Part B, 42 CFR 410.32, all diagnostic laboratory tests and

other diagnostic tests must be ordered by the physician who is treating the
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.3 Filed 07/22/25 Page 3 of 28

beneficiary, that is, the physician who furnishes a consultation or treats a
beneficiary for a specific medical problem and who uses the results in the
management of the beneficiary’s specific medical problem.

9. Medicare Part D provided prescription drug coverage to persons who are
eligible for Medicare. Under the program, eligible Medicare beneficiaries were
able to enroll in a Medicare Prescription Drug Plan that added prescription drug
coverage to traditional Medicare. Alternatively, Medicare eligible beneficiaries
were able to obtain prescription drug coverage by enrolling in a Medicare
Advantage Plan under Part C of the Medicare program. Such Medicare
Advantage Plans provide the full range of Medicare coverage to enrollees,
including coverage for testing.

10. Wisconsin Physicians Service was the CMS contracted carrier for Medicare
Part B in the state of Michigan. Cahaba Safeguard Administrators, LLC (Cahaba)
was the Program Safeguard Contractor for Medicare Part B in the state of
Michigan.

11. By becoming a participating provider in Medicare, enrolled providers
agreed to abide by the policies and procedures, rules, and regulations governing
reimbursement. In order to receive Medicare funds, enrolled providers, together

with their authorized agents, employees, and contractors, were required to abide
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.4 Filed 07/22/25 Page 4 of 28

by all the provisions of the Social Security Act, the regulations promulgated under
the Act, and applicable policies and procedures, rules, and regulations, issued by
CMS and its authorized agents and contractors.

12. Health care providers who seek to bill Medicare were given and provided
with online access to Medicare manuals and services bulletins describing proper
billing procedures and billing rules and regulations. Providers were advised that
they could only submit claims to Medicare for medically necessary services they
rendered, and providers were required to maintain patient records to verify that

the services were provided as described on the claim.

13. The Medicaid Program (Medicaid) as a Federal/State program which had as
its purpose the provision of medical services to those persons who could not
otherwise afford them.

14. Pursuant to Title XIX of the Social Security Act (42 USC 1396, et seq.) and
the Michigan Social Welfare Act (400.1, et seq.; MSA 16.614(11), as amended, the
Michigan Department of Community Health (hereinafter referred to as DCH)
administered the Michigan Medical Assistance Program (hereinafter referred to as
Medicaid).

15. Medicaid was a “health care benefit program” as defined by Title 18, United

States Code, Section 24(b).
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16. Health care providers who seek to bill Medicaid were informed of the rules
and responsibilities through provider manuals that were provided to them by DCH
at the time of enrollment, and periodically receive correspondence when
policy/procedural changes occur. Providers were advised that they could only
submit claims to Medicaid for medically necessary services they rendered, and
providers were required to maintain patient records to verify that the services
were provided as described on the claim.

17. Medicaid and Medicare participating providers and/or facilities apply to
Medicaid and Medicare programs for the ability to bill Medicaid and

Medicare. As part of the application process, the providers must certify that they
will comply with all Medicaid and Medicare statutes, regulations, and program
guidance and they will not submit claims in reckless disregard of whether the
claims are payable.

18. Upon certification, each provider is issued a National Provider
Identification (NPI) number. Medical providers submit claims to Medicaid and
Medicare using their assigned NPI. When an individual medical provider was
associated with a clinic, Medicare Part B required that the individual provider
number associated with the clinic be placed on the claim submitted to the

Medicare contractor.
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19. In order to receive reimbursement for a covered service from Medicare or
Medicaid, a provider was required to submit a claim, either electronically or using
a form (e.g., a Form CMS-1500 or UB-04), containing the required information
appropriately identifying the provider, beneficiary, and services rendered, among
other things. Each claim for reimbursement includes, at a minimum, the
beneficiary’s name, the beneficiary’s claim number, the date of service, the
diagnosis/nature of illness, and the procedure/services (annotated by a procedure
code).

20. In order to bill the Medicare Part B Programs (or private insurance
programs), a medical provider must bill for one, or more, Current Procedural
Terminology (CPT) Code(s). CPT Codes, which are developed and maintained
by the American Medical Association (AMA), are individualized numbers which
are assigned to every task or service a medical provider might perform on a
patient. CPT codes are then used by Medicare, and private insurance companies,
to determine the amount of reimbursement, or payment, a medical provider will
receive for the task or service performed on a patient. As CPT codes are meant
to ensure uniformity by the AMA, all medical providers and insurance companies
use the same set of CPT Codes, which are updated annually.

21. TRICARE isa health program of the United States Department of Defense
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(“DoD”) Military Health System that provided coverage for DoD beneficiaries
worldwide, including active-duty service members, National Guard and Reserve
members, retirees, and their families and survivors. The Defense Health Agency
(“DHA”), an agency of DoD, was the entity responsible for overseeing and
administering the TRICARE program.

22. TRICARE was a “health care benefit program” as defined by 18 U.S.C. 4 §
24(b), that affected commerce, and as that term is used in 18 U.S.C. 5 § 1347.
TRICARE was also a “federal health care program” as defined by 6 42 U.S.C. §
1320a-7b(f), that affected commerce, and as that term is used in 42 U.S.C. §
1320a-7b(b).

23. According to 32 C.F.R., Part 199.4(1)(i), Basic Program Benefits, and
subject to all applicable definitions, conditions, limitations, or exclusions specified
in the regulation, TRICARE will only pay for medically necessary services and
supplies required in the diagnosis and treatment of illness or injury and provided
by authorized providers.

24. In order to receive reimbursement for services rendered to health care
benefit program beneficiaries, TRICARE requires providers to submit claim forms
with the identifying provider number, the patient name, the diagnosis(s), the

treatment(s) or services(s) rendered, the date of the treatment(s) and/or service(s).
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25. The Federal Employees Health Benefits Program (FEHBP) is a federally-
funded insurance program established by Congress in 1959, pursuant to the Federal
Employees Health Benefits Act. 5 U.S.C. § 8901 et seq. The Program is for
federal employees, retirees, and their spouses and unmarried children under the age
of 26. The Office of Personnel Management (OPM) administers the Program and
contracts with various health insurance carriers (Carriers) to provide services to
FEHBP members. Monies for the FEHBP are maintained by the United States
Treasury in the Employees Health Benefits Fund (the Fund), which OPM
administers, and which is the source of all relevant payments to the Carriers for
services rendered to FEHBP members. Carriers do not have any right to monies
from the Treasury for reimbursement of benefits unless and until they incur
legitimate costs for actual covered services rendered to the members and submit
claims to the Government for the payment for those services. FEHBP benefits are
payable only for services necessary to prevent, diagnose, or treat an illness,
disease, injury, or condition.

26. Health Care Benefit Programs as defined by Title 18, United States Code,
Section 24(b) also include other, private sector employee benefit plans in that they
were private plans and contracts, affecting commerce, under which medical

benefits, items, and services were provided to individuals (“Private Benefit
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.9 Filed 07/22/25 Page 9 of 28

Programs”). The provision of these medical benefits, items, and services occurred
via certain agreements with myriad health insurance companies including but not
limited to Aetna, UnitedHealthcare, and Blue Cross Blue Shield. These health care
benefit programs also were covered under Section (3)(1) of the Employee
Retirement Income Security Act of 1974 as they were established and maintained
by an employer for the purpose of providing for its participants and their
beneficiaries, through the purchase of insurance or otherwise, medical, surgical, or
hospital care and benefits.

27. Private Benefit Programs compensated medical service providers for
medical services that they actually rendered and were medically necessary.

28. In order to receive reimbursement from the Private Benefit Programs,
medical service providers submitted, or cause the submission of, claims, either
electronically or in writing, to the Private Benefit Programs for payment of
services, either directly or through a billing company.

29. Private Benefit Programs required providers to keep written medical records
that accurately reflected patient histories, pertinent medical conclusions,
examination and test results, and recommendations for services to be rendered.
Providers were required to document the support for the submission of any claims

to the Private Benefit Programs and the Private Benefit Programs were allowed to
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.10 Filed 07/22/25 Page 10 of 28

review the relevant patient files to determine whether the claim was, in fact,

supported.

30. On January 31, 2020, the Secretary of the Department of Health and
Human Services declared the outbreak of the Novel Coronavirus (SARs-CoV-
2) a public health emergency (PHE). The onset of the SARS-CoV-2 virus
(commonly known as Covid-19) pandemic brought with it an urgent need to test
individuals for COVID-19. As a result, on March 18, 2020, Congress passed the
Families First Coronavirus Response Act (““FFCRA”), Pub. L.No. 116-127. The
FFCRA required health plans and insurers to cover COVID-19 tests and testing
in certain qualifying situations.

31. On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and
Economic Security Act (“CARES Act”), Pub. L. 116-136. Section 3203 of the
CARES Act ensured that “group health plans” and “health insurance issuers”
provided coverage for “any qualifying coronavirus preventive service.”

32. There were two main categories of COVID-19 tests: (i) antigen tests
(often referred to as “rapid” tests), and (ii) polymerase chain reaction (PCR)
tests (often referred to as “laboratory” tests).

33. Antigen tests allowed for quick results wherein the specimen collection

(via nasal swab), specimen analysis, and test results are all administered at the

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same location. As relevant here, if performed by an eligible professional in the
office, they were often billed using CPT 87811.

34. PCR tests generally took longer to get results and were conducted in a
laboratory setting. As relevant here, if performed under the direction of a
qualified provider, these tests were billed using codes U0003, U0005, and
87635. They normally required “specimen handling” to collect the samples and
transport them to a laboratory for analysis. Specimen handling services were
billed using G2023.

35. On May 8, 2020, CMS removed the requirement that the clinical
diagnostic laboratory tests for COVID-19 and certain related viruses must be
ordered by a treating physician or non-physician practitioner (NPP) who uses the
tests in the management of the patient’s specific medical problem. However, on
September 2, 2020, CMS revised this policy by specifying that each beneficiary
may receive Medicare coverage for one COVID-19 and related test without the
order of a physician or other health practitioner, but Medicare will require such an
order to cover further COVID-19 and related tests by a treating physician or non-
physician practitioner (NPP) who uses the tests in the management of the patient’s

specific medical problem.

36. The initial coverage requirements of the FFCRA and Cares Act were
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.12 Filed 07/22/25 Page 12 of 28

primarily directed at COVID-19 testing done by clinical professionals or their
qualified subordinates after an individual assessment, not “at-home” or “over
the counter” tests self-administered by patients themselves.

37. That changed on January 15, 2022, when the government required private
plans to cover up to eight over the counter (“OTC”) COVID-19 tests per
individual per month. This coverage requirement was primarily meant to address
tests that were, (i) self- administered using specimens that were self-collected,
and (ii) authorized, cleared, or approved by the Food and Drug Administration
(the “FDA”). As a practical matter, because PCR tests require “specimen
collection” by a professional (or under their supervision), this mandate was only
applicable to antigen; i.e. “rapid” tests.

38. In order to ensure accurate billing and prevent exploitation by providers,
the Federal Government, through the Centers for Medicare and Medicaid
Services (CMS), issued billing guidance that specifically instructed providers
seeking reimbursement for OTC at-home tests to use CPT code K 1034.

39. On May 11, 2023, the PHE ended, and Medicare and private insurance
companies were no longer required to cover OTC at-home tests. Beginning May
12, 2023, only diagnostic COVID-19 tests ordered by a doctor and conducted in

a doctor's office, clinic, or pharmacy were covered by Medicare and private

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insurance companies.

COUNT ONE

(18 U.S.C. §1349 — Conspiracy to Commit Health Care Fraud)

D-1 CEMHAN “JIMMY” BIRICIK
D-2. DR. MARTIN PERLIN

40. Paragraphs 1 through 39 of the General Allegations section of this
Indictment are re-alleged and incorporated by reference as though fully set forth
herein.

41. Beginning in or about September 2021, and continuing through the
present, the exact dates being unknown to the grand jury, in the Eastern District
of Michigan, Southern Division, and elsewhere, the defendants, CEMHAN
“TIMMY” BIRICIK, Dr. MARTIN PERLIN, and others known and unknown
to the grand jury, did willfully and knowingly combine, conspire, confederate
and agree to violate Title 18, United States Code, Section 1347, that is, to
execute a scheme and artifice to defraud a health care benefit program, as
defined in Title 18, United States Code, Section 24(b), that is, Medicare,
Medicaid, and various private insurers, and to obtain, by means of materially
false and fraudulent pretenses, representations, and promises, money and
property owned by, and under the custody and control of, said health care benefit
programs, in connection with the delivery of and payment for health care

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benefits, items, and services.

Purpose of the Conspiracy

42. It was the purpose of the conspiracy for the defendants to unlawfully
enrich themselves by, among other things, (a) submitting false and fraudulent
claims to Medicare, Medicaid, and various private insurers for services that were
not provided as represented; (b) concealing the submission of false and
fraudulent claims to Medicare, Medicaid, and various private insurers, and the
receipt and transfer of the proceeds from the fraud; and (c) diverting proceeds
of the fraud for the personal use and benefit of the defendants.

Manner and Means

43. The Manner and means by which BIRICIK and PERLIN and their co-
conspirators sought to accomplish the purpose of the conspiracy included, among
others, the following:

44. Beginning in or around September 2021, BIRICIK organized Fast Lab as a
Wyoming limited liability company with its principal place of business in New
York City, New York. On or about January 18, 2022, BIRICIK submitted an 855B
form with CMS. During the submission process, BIRICIK electronically signed
the certification statement indicating that he agreed, among other things, to abide

by the Medicare laws, regulations, and program instructions, and that he

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understood that payment of Medicare claims is conditioned upon the claim and
underlying transaction complying with such laws, regulations, and program
instructions. By signing the certification statement, BIRICIK also agreed that he
would not knowingly present or cause to be presented a false or fraudulent claim
for payment by Medicare and would not submit claims with deliberate ignorance
or reckless disregard of their truth or falsity.

45. Despite these certifications, BIRICIK proceeded to present and cause to be
presented false and fraudulent claims for payment by Medicare, Medicaid, and
various private insurers, as described below.

46. During the relevant time period, BIRICIK and others devised and
participated in a scheme in which Fast Lab would solicit Medicare, Medicaid,
TRICARE, FEHBP, and Private Benefit Program beneficiaries to provide their
insurance information in exchange for “no cost” Covid-19 tests. Once in
possession of this insurance information, BIRICIK would submit and cause the
submission of claims to the various health care benefit programs for services that
were not provided as represented; namely, Fast Lab purported that they were either
(1) in the case of rapid tests, observing the administration of the tests and reading
and providing results to the beneficiaries, or (2) in the case of laboratory tests,

collecting samples from beneficiaries and then performing laboratory testing on

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those samples. In reality, the antigen tests were not observed, and the results were
not read by medical professionals; and PCR tests were not conducted, and samples
were not collected from the beneficiaries.

47. Rather that submit claims under CPT code K 1034 (for the billing of self-
administered or self-collected tests), Fast Lab submitted claims as though they had
directly observed the antigen tests, or collected saliva samples and performed
laboratory testing on the samples, under the five high-reimbursement CPT codes in

the table below:

CPT Code Description

U0003 Infectious agent detection by nucleic acid (DNA or RNA); severe acute
respiratory syndrome coronavirus 2 (SARS-CoV-2) (Coronavirus disease
[COVID-19]), amplified probe technique, making use of high throughput
technologies

U0005 Infectious agent detection by nucleic acid (DNA or RNA); severe acute
respiratory syndrome coronavirus 2 (SARS-COV-2) (Coronavirus disease
(COVID-19)), amplified probe technique, CDC or non-CDC, making use
of high throughput technologies, completed within two calendar days
from date and time of specimen

G2023 Specimen collection for severe acute respiratory syndrome coronavirus 2
(sars-cov-2) (coronavirus disease [COVID-19]), any specimen source
87635 Infectious agent detection by nucleic acid (DNA or RNA); severe acute

respiratory syndrome coronavirus 2 (SARS-CoV-2) (Coronavirus disease
[COVID-19]), amplified probe technique
87811 Infectious agent antigen detection by immunoassay with direct optical (ie,

visual) observation; severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2) (Coronavirus disease [COVID-19])

48. It was part of the scheme and artifice to defraud that Fast Lab would
advertise the availability of no cost Covid-19 tests on the internet and via various

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social media websites.

49. It was further part of the scheme and artifice that Fast Lab maintained a
website (fastlabtech.com) where individuals seeking quick, convenient Covid-19
testing could order no cost tests for home delivery.

50. When individuals seeking Covid-19 testing navigated to the fastlabtech site,
they were instructed to provide their biographical and insurance information.
Individuals would then be asked to select from a list of symptoms they were
experiencing. After that, individuals were asked to acknowledge assignment of
benefits and appointment of representative statements, to authorize the billing of
their insurance.

51. After completing the order details, individuals were then immediately
connected with a non-physician employee via web-enabled chat. The chat window
would include their list of pre-populated symptoms, and the employee would ask
when those symptoms occurred. After a response from the individual, the non-
physician employee would respond, advising that the order had been approved and
finalized.

52. It was further part of the scheme and artifice that Dr. PERLIN signed the
requisition order form for both antigen and PCR tests, attesting he was the treating

physician, and the test was ordered as part of a treatment plan, when in fact he

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never saw or treated the beneficiary. These orders contained an acknowledgment,
next to Dr. PERLIN’S signature, reminding “all physicians that when ordering
tests expected to be paid under federal health care programs, such as Medicare and
Medicaid, the tests must meet the following conditions: (1) included as covered
services, (2) reasonable, (3) medically necessary for the treatment and diagnosis of
the patient and (4) not for screening purposes.”

53. It was further part of the scheme and artifice that upon mailing a selection of
rapid and PCR test kits, Fast Lab would immediately bill the customer’s insurance
as though Fast Lab had (1) directly-observed the administration of a rapid test and
read the results for the beneficiary, and (2) collected a saliva sample and performed
a PCR test in a laboratory. These billings were often initiated before the test kits
even arrived at the customers’ residences. Similarly, these insurance billings
occurred even when the rapid tests were left unopened, and no saliva samples were
returned to Fast Lab.

54. It was further part of the scheme and artifice that once a beneficiary’s
insurance had been successfully billed, BIRICIK would thereafter repeatedly bill,
or cause to be billed, a given beneficiary’s insurance at regular intervals for the
performance of additional tests, without the customer’s knowledge or consent. The

additional tests that were billed were, in fact, never performed.

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55. In execution of the scheme and artifice to defraud, beginning on or about
September 14, 2021, and continuing through the present, BIRICIK and PERLIN
submitted or caused Fast Lab to submit the following fraudulent claims, for
Covid-19 laboratory testing services that were either not rendered at all or not
provided as represented:

e Approximately $180 million in claims to Medicare Part B;

e Approximately $220 million in claims to Medicare Part C;

e Approximately $101 million in claims to Private Benefit Programs;

e Approximately $55 million in claims to Medicaid;

e Approximately $8 million in claims to TRICARE; and

e Approximately $2 million in claims to FEHBP plans.
As aresult of these claims, Medicare, Medicaid, TRICARE, FEHBP, and multiple
Private Benefit Programs paid a combined total of more than $50 million.
All in violation of Title 18, United States Code, Section 1349.

COUNTS TWO THROUGH FIFTY-NINE
(18 U.S.C. §1347 - Health Care Fraud)

D-1 CEMHAN “JIMMY” BIRICIK
D-2. DR. MARTIN PERLIN

56. Paragraphs | through 39 of the General Allegations section of this

Indictment are realleged and incorporated by reference as though set forth fully

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herein.
57. Beginning on or about September 14, 2021, and continuing through the
present, in the Eastern District of Michigan, and elsewhere, the defendants
CEMHAN “JIMMY” BIRICIK and Dr. MARTIN PERLIN in connection with the
delivery of and payment for health care benefits, items, and services, did
knowingly and willfully execute, and attempt to execute, a scheme and artifice to
defraud a health care benefit program affecting commerce, as defined in Title 18,
United States Code, Section 24(b), that is Medicare, Medicaid, and various private
insurers, and to obtain by means of materially false and fraudulent pretenses,
representations, and promises, money and property owned by and under the
custody and control of Medicare, Medicaid, Tricare, and various private insurers in
connection with the delivery of and payment for health care benefits, items, and
services, by submitting and causing the submission of false and fraudulent claims.

Purpose of the Scheme and Artifice
58. Paragraph 42 of this Indictment is re-alleged and incorporated by reference
as though fully set forth herein as a description of the purpose of the scheme and
artifice.

The Scheme and Artifice

59. Paragraphs 43 through 55 of this Indictment are re-alleged and incorporated

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D2-PERLIN
D1-BIRICIK,

57. L.R. 10/31/2023 | 87811 | TRICARE | $325.00 | $262.86

D2-PERLIN
D1-BIRICIK,

58. D2-PERLIN R.A. 12/28/2023 | 87811 | TRICARE | $325.00 | $197.14
D1-BIRICIK,

59. D2-PERLIN R.A. 12/30/2023 | 87811 | TRICARE | $325.00 | $197.14

All in violation of Title 18, United States Code, Section 1347.
FORFEITURE ALLEGATIONS

(18 U.S.C. §§ 981(a)(I)(C) and 982(a), 28 U.S.C. § 2461)
61. The allegations contained in this Indictment above are incorporated by
reference as if set forth fully herein for the purpose of alleging forfeiture pursuant
to the provisions of 18 U.S.C. §§ 981(a)()(C), 982(a), and 28 U.S.C. § 2461.
62. Upon conviction of the offenses alleged in Counts One through Fifty-Nine
of the Indictment, the defendants shall forfeit to the United States any property,
real or personal, that constitutes or is derived, directly or indirectly, from gross
proceeds traceable to such offenses. For Count One, such forfeiture will be
pursuant to the terms of 18 U.S.C. § 981(a)(1)(C), together with 28 U.S.C. §
2461(c). For Counts Two through Fifty-Nine, such forfeiture will be pursuant to
the terms of 18 U.S.C. § 982(a)(7). Property thus subject to forfeiture includes, but

is not limited to, the following:
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.25 Filed 07/22/25 Page 25 of 28

a. Real property located at 9623 Macchiato Ave. Boca Raton, FL 33496,
and being more fully described as:
LEGAL ADDRESS: Lot 361, HYDER AGR-PUD -SOUTH
PLAT FIVE, according to the map or plat thereof as recorded

in Plat Book 129, Page 123, Public Records of Palm Beach
County, Florida

COMMONLY KNOWN AS: 9623 Macchiato Ave. Boca
Raton, FL 33496

PARCEL ID: 00-42-46-3 1-14-000-3610

TITLED TO: Cemhan Biricik and Isabel Biricik, Husband
and Wife

b. Cirrus SR22T aircraft, bearing tail number 203FD, S/N: 10395,
including all sets of keys, flight logs, and maintenance logs
belonging to said aircraft.

c. 2022 Ford Bronco Raptor (VIN: 1 FMEESJRINLAS50344)

d. 2022 Ford Bronco Sport (VIN: 3FMCR9C69NRE24285)

e. 2023 Rivian RIT (VIN: 7FCTGAAA7PN021960)

f. 2023 Bentley Bentayga (VIN: SJAAR2ZVXPC023963)

g. 2023 Lamborghini Urus (VIN: PBUC3ZLXPLA25853).

h. 2023 Audi A3 (VIN: WAIEECF36P1 144452)

i. 2024 BMW M4 (VIN: WBS33BA02RCP10794)

25
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.26 Filed 07/22/25 Page 26 of 28

63. Substitute Assets: If the property described above as being subject to

forfeiture, as a result of any act or omission of the defendants:
i. Cannot be located upon the exercise of due diligence;
ii. Has been transferred or sold to, or deposited with, a third party;
iil. | Has been placed beyond the jurisdiction of the Court;
iv. Has been substantially diminished in value; or
v. Has been commingled with other property that cannot be subdivided
without difficulty;
it is the intent of the United States, pursuant to Title 21, United
States Code, Section 853(p), as incorporated by 18 U.S.C. Section
982(b), to seek to forfeit any other property of defendant up to the
value of the above-described property subject to forfeiture.

64. Money Judgment: Upon conviction of violating Title 18, United

States Code, Sections 1349 and/or 1347, defendants shall be ordered to
pay the United States a sum of money equal to the total amount of

proceeds defendants obtained as a result of such violation(s).
JEROME F. GORGON JR.
United States Attorney

s/JOHN K. NEAL
John K. Neal
Chief, Anti-Corruption Unit

s/REGINA R. McCULLOUGH
Regina R. McCullough

Assistant United States Attorney

211 W. Fort St., Ste. 2001

Detroit, MI 48226

Phone: (313) 226-9618

Email: regina.mccullough@usdoj.gov

s/RYAN A. PARTICKA

Ryan A. Particka

Assistant United States Attorney
211 W. Fort St., Ste. 2001
Detroit, MI 48226

Phone: (313) 226-9635

Email: ryan.particka@usdoj.gov

Dated: July 22, 2025

Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.27 Filed 07/22/25 Page 27 of 28

THIS IS A TRUE BILL

s/GRAND JURY FOREPERSON
Case 5:25-cr-20543-JEL-KGA ECF No.1, PagelD.28 Filed 07/22/25 Pa Pa 28

Case: 5: 25-cr-20543
Assigned To - Levy, Judith E.

United States District Court Criminal Case Cove Assign. D sage: Altman, Kimberly G.
Eastern District of Michigan Description: Sean

(LLM) Om” SEALED MATTER

NOTE: It is the responsibility of the Assistant U.S. Attorney signing this form to complete m aucwa., -

" ase: Information: Companion Case Number:

This may be a companion case based upon LCrR 57.10 (byay"

Llves XI No AUSA’s Initials: zm

Case Title: USA v. CEMHAN BIRICIK, et al.

Judge Assigned:

County where offense occurred : Wayne and elsewhere

Check One: Felony L]Misdemeanor LJPetty

¥_Indictment/ Information --- no prior complaint.
Indictment/ Information --- based upon prior complaint [Case number: ]
Indictment/ Information --- based upon LCrR 57.10 (d) [Complete Superseding section below].

Superseditig Gase Information
Judge:

Superseding to Case No:

[_]Corrects errors; no additional charges or defendants.
[_]!nvolves, for plea purposes, different charges or adds counts.
[_]Embraces same subject matter but adds the additional defendants or charges below:

Defendant name Charges Prior Complaint (if applicable)

Please take notice that the below listed Assistant United States Attorney is the attorney of record for

the above captioned case.

July 22, 2025
Date REGINA R. MCCULLOUGH
Assistant United States Attorney

211 W. Fort Street, Suite 2001
Detroit, MI 48226-3277

E-Mail address: regina.mccullough@usdoj.gov

1 Companion cases are matters in which it appears that (1) substantially similar evidence will be offered at trial, or (2) the same
or related parties are present, and the cases arise out of the same transaction or occurrence. Cases may be companion cases

even though one of them may have already been terminated.
5/16


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