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United States v. Rashid

March 17, 2009

UNITED STATES OF AMERICA
v.
AMIN A. RASHID



ORDER AND MEMORANDUM

ORDER

AND NOW, this 17th day of March, 2009, upon consideration of defendant, Amin A. Rashid's Motion for Reconsideration of Denial of Rule 60(b)(6) Motion Due to Fraud on the Court (Document No. 476) ("Motion for Reconsideration"), Amir A. Rashid and Anwar A. Rashid's Motion for Permission to Intervene Pursuant to Rule 24(a) Federal Rules of Civil Procedure (Document No. 477) ("Rule 24(a) Motion"), and, Amir A. Rashid and Anwar A. Rashid's Motion to Void Ab-Initio Criminal Forfeiture of 444 East Mount Pleasant Avenue, Philadelphia, PA 19144 (Document No. 478) ("Motion to Void"), all filed on January 20, 2009, and the Government's Response to Defendant's Motion for Reconsideration, to Void and to Intervene (Document No. 483, filed February 5, 2009), for the reasons stated in the attached Memorandum, IT IS ORDERED as follows:

1. Amin A. Rashid's Motion for Reconsideration (Document No. 476) is DENIED;

2. Amir A. Rashid and Anwar A. Rashid's Rule 24(a) Motion (Document No. 477) is DENIED; and,

3. Amir A. Rashid and Anwar A. Rashid's Motion to Void (Document No. 478) is DENIED.

MEMORANDUM

I. BACKGROUND

On December 27, 1993, after a jury trial, defendant was convicted of 54 counts of mail fraud, wire fraud, and money laundering in this District. At that time, the jury also returned a special verdict of forfeiture, finding that, inter alia, defendant's house at 444 E. Mount Pleasant Avenue, Philadelphia, Pennsylvania, was traceable to his criminal activity.

In March of 1994, defendant was sentenced to, inter alia, 168 months imprisonment and three (3) years of supervised release. On May 19, 1994, the Court enforced the jury's special verdict of forfeiture and issued an order forfeiting to the United States, inter alia, defendant's right, title, claim, and interest in the Mount Pleasant Avenue house. As part of that order, the Court required that notice of the forfeiture be published, and that the United States give direct notice to all known interested parties so third parties might assert any possible interest in the property before the United States took final control over the property. Defendant did not appeal from that order. See In re Rashid, 2004 WL 2861872, at *1 (E.D. Pa. Dec. 13, 2004) (Diamond, J.); United States v. Amin A. Rashid, 2000 WL 1622761, at *1 (E.D. Pa. Oct. 30, 2000) (Giles, J.).

On May 16, 1997, following the notice period, the Court entered a Judgment and Final Order of Forfeiture. SeeUnited States v. Rashid, 2000 WL 1622761, at *1 (E.D. Pa. Oct. 30, 2000) (Giles, J.). Thereafter, the property was sold by the Government. Defendant unsuccessfully challenged the validity of the forfeiture on at least four occasions. In re Rashid, 2004 WL 2861872, at *1.

On January 7, 1999, defendant filed a Motion for Relief from Judgment Pursuant to Rule 60(b)(6) ("Rule 60(b)(6) Motion"), which the Court denied by order of July 22, 1999. United States v. Rashid, No. 93-CR-264 (E.D. Pa. July 22, 1999) (Giles, J.). The United States Court of Appeals for the Third Circuit denied a certificate of appealability by Order of October 24, 2000.

On December 3, 2008, defendant filed a Motion for New Trial Pursuant to Federal Rule of Criminal Procedure 25(b)(2)(B) ("Motion for New Trial") based on his 1993 convictions. By Order and Memorandum dated January 12, 2009, this Court dismissed the Motion for New Trial for lack of jurisdiction. United States v. Rashid, No. 93-CR-264, 2009 WL 82477 (E.D. Pa. Jan. 12, 2009).

On January 20, 2009, defendant and his sons, Amir A. Rashid and Anwar A. Rashid, filed the three pending motions: Amin A. Rashid's Motion for Reconsideration (Document No. 476); Amir A. Rashid and Anwar A. Rashid's Rule 24(a) Motion (Document No. 477); and, Amir A. Rashid and Anwar A. Rashid's ...


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