UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA, 

Civil No. 2:15-cvPlaintiff,

Honorable

vs. Magistrate Judge 

DEMAND FOR JURY TRIAL

MISCELLANEOUS COLLECTIBLE 

COINS AND MEDALS SEIZED IN 

JANUARY 2012 FROM REAL PROPERTY LOCATED

ON LAKESHORE STREET, WEST BLOOMFIELD, 

MICHIGAN; TWO THOUSAND NINE HUNDRED EIGHTY-ONE 

DOLLARS ($2,981.00) IN U.S. CURRENCY; 

ASSORTED COLLECTIBLE COINS AND 

ASSORTED COLLECTIBLE CURRENCY FROM 

PNC BANK SAFE DEPOSIT BOX #7062700003; ASSORTED 

COLLECTIBLE COINS FROM PNC SAFE 

DEPOSIT BOX #91; ASSORTED COLLECTIBLE 

COINS FROM PNC BANK SAFE DEPOSIT BOX #102; 

ASSORTED COLLECTIBLE COINS FROM PNC BANK

SAFE DEPOSIT BOX #110; ASSORTED 

COLLECTIBLE COINS AND ASSORTED 

METAL ITEMS FROM PNC BANK SAFE DEPOSIT 

BOX #377001664; ASSORTED COLLECTIBLE 

COINS, ASSORTED COLLECTIBLE CURRENCY 

AND OTHER MISCELLANEOUS COLLECTIBLE 

ITEMS FROM PNC BANK SAFE DEPOSIT BOX #173; 

ASSORTED COLLECTIBLE COINS FROM PNC BANK

SAFE DEPOSIT BOX #377003256; ASSORTED 

COLLECTIBLE COINS FROM PNC BANK SAFE DEPOSIT 

BOX #503; ASSORTED COLLECTIBLE COINS,

ASSORTED COLLECTIBLE CURRENCY AND OTHER 

MISCELLANEOUS COLLECTIBLES FROM PNC BANK

SAFE DEPOSIT BOX #519; ASSORTED 

COIN COLLECTION AND MISCELLANEOUS 

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SAVINGS BONDS FROM FIFTH THIRD BANK SAFE 

DEPOSIT BOX #148; ASSORTED COIN 

COLLECTION AND MISCELLANEOUS 

JEWELRY FROM FIFTH THIRD BANK SAFE 

DEPOSIT BOX #149; ASSORTED COIN COLLECTION 

AND ASSORTED COLLECTIBLE CURRENCY FROM 

FIFTH THIRD BANK SAFE DEPOSIT BOX #307; ASSORTED COIN 

COLLECTION FROM FIFTH THIRD BANK SAFE 

DEPOSIT BOX #308; ASSORTED COIN COLLECTION 

FROM FIFTH THIRD BANK SAFE DEPOSIT BOX #309; 

ASSORTED COIN COLLECTION AND 

ASSORTED COLLECTIBLE CURRENCY FROM 

FIFTH THIRD BANK SAFE DEPOSIT BOX #310; 

ASSORTED COIN COLLECTION AND OTHER 

MISCELLANEOUS COLLECTIBLE ITEMS FROM 

FIFTH THIRD BANK SAFE DEPOSIT BOX #311; 

SIX (6) BOXES OF ASSORTED COLLECTIBLE 

COINS, ASSORTED COLLECTIBLE CURRENCY 

AND ASSORTED SILVER BARS SEIZED IN MAY 2014,

FROM REAL PROPERTY LOCATED ON LAKESHORE 

STREET, WEST BLOOMFIELD, MICHIGAN; 

MERRILL LYNCH ACCOUNT NO. XXX-X5635 VALUED

AT $228,457.34; MERRILL LYNCH ACCOUNT NO. XXX-X8161; 

VALUED AT $219,558.91; MERRILL LYNCH ACCOUNT 

NO. XXX-X7984 VALUED AT $1,305,841.18; 

ONE HUNDRED TWELVE THOUSAND SIX HUNDRED 

NINETY-TWO DOLLARS AND SEVENTY-FIVE CENTS 

($112,692.75) FROM FIFTH THIRD BANK ACCOUNT 

NO. XXXXXX3413; THIRTY-THREE THOUSAND SEVENTY-TWO 

DOLLARS AND EIGHTY-SEVEN CENTS 

($33,072.87) FROM FIFTH THIRD BANK ACCOUNT 

NO. XXXXXX9169; EIGHTEEN THOUSAND NINE HUNDRED 

FORTY-EIGHT DOLLARS AND NINETY-TWO CENTS 

($18,948.92) IN U.S. CURRENCY FROM FIFTH THIRD 

BANK ACCOUNT NO. XXXXXX2593; THIRTY THOUSAND FOUR 

HUNDRED FOURTEEN DOLLARS AND FIFTEEN CENTS 

($30,414.15) IN U.S. CURRENCY FROM FIFTH THIRD BANK 

ACCOUNT NO. XXXXXX5381; THREE HUNDRED 

TWENTY-EIGHT THOUSAND NINE HUNDRED 

SEVENTY-FIVE DOLLARS AND TWENTY-TWO CENTS 

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($328,975.22) IN U.S. CURRENCY FROM FIFTH THIRD 

BANK ACCOUNT NO. XXXXXX7731; AND, SIX HUNDRED 

TWENTY-TWO THOUSAND EIGHT HUNDRED DOLLARS 

AND EIGHTEEN CENTS ($622,800.18) IN U.S. CURRENCY 

FROM PROCEEDS OF SALE OF REAL PROPERTY LOCATED 

ON LAKESHORE STREET, WEST BLOOMFIELD, MICHIGAN 

Defendants in Rem.

______________________________________/

COMPLAINT FOR FORFEITURE

NOW COMES Plaintiff, the United States of America, by and through 

BARBARA L. McQUADE, United States Attorney for the Eastern District of 

Michigan, and JONATHAN J.C. GREY, Assistant United States Attorney, and 

states upon information and belief in support of this Complaint for Forfeiture in rem

that: 

JURISDICTION AND VENUE

1. This is an in rem civil forfeiture action brought by the United States of 

America pursuant to 21 U.S.C. § 881(a)(6), 18 U.S.C. §§ 981 (a)(1)(A) and/or 

981(a)(1)(C), resulting from violations of 21 U.S.C. §§ 841(a)(1) and 846, and 18 

U.S.C. § 1347, 1349 and/or 1956.

2. This Court has subject matter jurisdiction over this proceeding 

pursuant to:

a. 28 U.S.C. § 1345, because this action is being commenced by 

the United States of America as Plaintiff; and

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b. 28 U.S.C. § 1355(a), because this is an action for forfeiture. 

3. This Court has in rem jurisdiction over this forfeiture action pursuant 

to:

a. 28 U.S.C. § 1355(b)(1)(A), because pertinent acts or omissions 

giving rise to the forfeiture occurred in the Eastern District of Michigan; and

b. 28 U.S.C. § 1355(b)(1)(B), because venue properly lies in the 

Eastern District of Michigan pursuant to 28 U.S.C. § 1395.

4. Venue is proper in the District Court for the Eastern District of 

Michigan, pursuant to 28 U.S.C. § 1355(b)(1), because the acts or omissions giving 

rise to the forfeiture occurred in this district.

DEFENDANTS IN REM

5. The defendant property consists of the following property:

a. A collection of various miscellaneous coins and medals, which 

was seized from 6550 Lakeshore Street, West Bloomfield, 

Michigan, on or about January 26, 2012; 

b. Two Thousand Nine Hundred Eighty-One Dollars ($2,981.00) in 

U.S. Currency which was seized from 5889 Bay Road, Suite 

104, Saginaw, Michigan, on or about January 26, 2012; 

c. Assorted Collectible Coins and Assorted Collectible Currency 

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seized on or about May 6, 2014, from PNC Bank Safe Deposit 

Box #7062700003;

d. Assorted Collectible Coins seized on or about May 6, 2014, from 

PNC Bank Safe Deposit Box #91;

e. Assorted Collectible Coins seized on or about May 6, 2014, from 

PNC Bank Safe Deposit Box #102;

f. Assorted Collectible Coins seized on or about May 6, 2014, from 

PNC Bank Safe Deposit Box #110;

g. Assorted Collectible Coins and Assorted Metal Items seized on 

or about May 6, 2014, from PNC Bank Safe Deposit Box 

#377001664;

h. Assorted Collectible Coins, Assorted Collectible Currency and 

Assorted Collectible Baseball Cards seized on or about May 6, 

2014, from PNC Bank Safe Deposit Box #173;

i. Assorted Collectible Coins seized on or about May 6, 2014, from 

PNC Bank Safe Deposit Box #377003256;

j. Assorted Collectible Coins seized on or about May 6, 2014, from 

PNC Bank Safe Deposit Box #503;

k. Assorted Collectible Coins, Assorted Collectible Currency and 

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other Miscellaneous Collectibles seized on or about May 6, 

2014, from PNC Bank Safe Deposit Box #519;

l. Assorted Coin Collection and Miscellaneous Savings Bonds 

seized on or about May 6, 2014, from Fifth Third Bank Safe 

Deposit Box #148;

m. Assorted Coin Collection and Miscellaneous Jewelry seized on 

or about May 6, 2014, from Fifth Third Bank Safe Deposit Box 

#149;

n. Assorted Coin Collection and Assorted Collectible Currency 

seized on or about May 6, 2014, from Fifth Third Bank Safe 

Deposit Box #307;

o. Assorted Coin Collection seized on or about May 6, 2014, from 

Fifth Third Bank Safe Deposit Box #308;

p. Assorted Coin Collection seized on or about May 6, 2014, from 

Fifth Third Bank Safe Deposit Box #309;

q. Assorted Coin Collection and Assorted Collectible Currency 

seized on or about May 6, 2014, from Fifth Third Bank Safe 

Deposit Box #310;

r. Assorted Coin Collection, Miscellaneous Sports Cards and

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Miscellaneous Stamps seized on or about May 6, 2014, from 

Fifth Third Bank Safe Deposit Box #311;

s. Six (6) Boxes of Assorted Collectible Coins, Assorted 

Collectible Currency and Assorted Silver Bars, seized from real 

property located at Lakeshore Street, West Bloomfield, 

Michigan, on or about May 6, 2014;

t. Merrill Lynch Investment Account #XXX-X5635 Valued at 

$228,457.34, held in the name of Gavin I. Awerbuch, M.D. The 

account was frozen on or about May 6, 2014; 

u. Merrill Lynch Investment Account #XXX-X8161 Valued at 

$219,558.91, held in the name of Gavin Awerbuch. The 

account was frozen on or about May 6, 2014;

v. Merrill Lynch Investment Account #XXX-X7984 Valued at 

$1,305,841.18, held in the name of Gavin Awerbuch. The 

account was frozen on or about May 6, 2014;

w. $112,692.75 in U.S. Currency from Fifth Third Bank Account 

#XXXXXX3413, held in the name of Gavin Awerbuch, M.D., 

which was seized on or about May 6, 2014;

x. $33,072.87 in U.S. Currency from Fifth Third Bank Account 

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#XXXXXX9169, held in the name of Gavin Awerbuch, M.D., 

PLLC, which was seized on or about May 6, 2014;

y. $18,948.92 in U.S. Currency from Fifth Third Bank Account 

#XXXXXX2593, held in the name of A Plus Medical Supply, 

LLC, which was seized on or about May 6, 2014;

z. $30,414.15 in U.S. Currency from Fifth Third Bank Account 

#XXXXXX5381, held in the name of Gavin Awerbuck and 

Jerome B. Awerbuch, which was seized on or about May 6, 

2014;

aa. $328,975.22 in U.S. Currency from Fifth Third Bank Account 

#XXXXXX7731, held in the name of Gavin Awerbuch, M.D., 

PLLC, which was seized on or about May 6, 2014;

bb. $622,800.18 in U.S. Currency from Seaver Title Agency LLC 

Check No. 58434, representing funds seized on or about July 1, 

2014, as proceeds from the sale of real property located at 6550 

Lakeshore Street, West Bloomfield, Michigan.

(The defendants in rem shall hereafter be collectively referred to as the 

“Defendant Property”). 

6. The defendants in rem, or Defendant Property, identified in Paragraph 

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5 a. through 5 cc. above were seized pursuant to federal search and seizure warrants

executed on or about January 26, 2012 and May 6, 2014, based upon an 

investigation by members of the United States Department of Health and Human 

Services (HHS), Office of the Inspector General (OIG), Office of Investigations 

(OI); the United States Drug Enforcement Administration (DEA); the Federal 

Bureau of Investigation (FBI); and, the Internal Revenue Service (IRS).

STATUTORY BASIS FOR CIVIL FORFEITURE

7. United States Code, Section 881, governs the civil forfeiture of 

property which constitutes or is derived from the proceeds of narcotics crimes, or 

which was used to facilitate narcotics crimes:

The following shall be subject to forfeiture to the United States 

and no property right shall exist in them....[a]ll moneys, 

negotiable instruments, securities, or other things of value 

furnished or intended to be furnished by any person in exchange 

for a controlled substance or listed chemical in violation of this 

subchapter, all proceeds traceable to such an exchange, and all 

moneys, negotiable instruments, and securities used or intended 

to be used to facilitate any violation of this subchapter. 

21 U.S.C. § 881(a)(6).

8. Title 18 United States Code, Section 1956, prohibits the laundering of 

monetary instruments:

Whoever, knowing that the property involved in a financial

transaction represents the proceeds of some form of unlawful

activity, conducts or attempts to conduct such a financial 

transaction which in fact involves the proceeds of specified

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unlawful activity–

(A)(i) with the intent to promote the carrying on of specified 

unlawful activity; or

(ii) with intent to engage in conduct constituting a violation of 

section 7201 or 7206 of the Internal Revenue Code of 1986; or 

(B) knowing that the transaction is designed in whole or in

part-

(i) to conceal or disguise the nature, the location, the source,

the ownership, or the control of the proceeds of specified 

unlawful activity; or

(ii) to avoid a transaction reporting requirement under State or 

Federal law, shall be sentenced to a fine of not more than 

$500,000 or twice the value of the property involved in the 

transaction, whichever is greater...

18 U.S.C. § 1956(a)(1).

9. Similarly, Title 18, United States Code, Section 1957, provides, in part:

(a) Whoever, in any of the circumstances set forth in subsection 

(d), knowingly engages or attempts to engage in a monetary transaction 

in criminally derived property of a value greater than $ 10,000 

and is derived from specified unlawful activity, shall be punished as 

provided in subsection (b). 

***

(f) As used in this section--

(1) the term "monetary transaction" means the deposit, withdrawal, 

transfer, or exchange, in or affecting interstate or foreign commerce, 

of funds or a monetary instrument (as defined in section 1956(c)(5)

of this title) by, through, or to a financial institution (as defined in 

section 1956 of this title), including any transaction that would be a 

financial transaction under section 1956(c)(4)(B) of this title, but such 

term does not include any transaction necessary to preserve a person's 

right to representation as guaranteed by the sixth amendment to the 

Constitution;

(2) the term "criminally derived property" means any property 

constituting, or derived from, proceeds obtained from a criminal 

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offense; and

(3) the terms "specified unlawful activity" and "proceeds" shall have 

the meaning given those terms in section 1956 of this title.

18 U.S.C. § 1957(a) and (f).

10. The Defendant Property is subject to forfeiture pursuant to 21 U.S.C. 

§ 881(a)(6), 18 U.S.C. §§ 981 (a)(1)(A) and/or 981(a)(1)(C), because it constitutes 

or is property derived from the proceeds of narcotics crimes in violation of 21 

U.S.C. §§ 841, 846 and/or health care fraud in violation of 18 U.S.C. § 1347, 1349, 

a specified unlawful activity as defined by 18 U.S.C. § 1956(c)(7) . The 

Defendant Property is also subject to forfeiture pursuant to 18 U.S.C. 

§ 981(a)(1)(A) because it is property involved in money laundering transactions in 

violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and (B)(i) and 1957.

COMPANION CASES

11. This civil forfeiture action arises out of many of the same occurrences 

or transactions associated with United States vs. Dr. Gavin Ira Awerbuch, Criminal 

Complaint No. 11-mj-30216. Additionally, this civil forfeiture action is related to 

the separate civil forfeiture action U.S. vs. Real Property Located at 6320 East Red 

Range Way, Cave Creek, Maricopa County, Arizona, et al., Civil Case No. 

14-cv-12045 (Honorable Thomas L. Ludington). 

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FACTUAL BASIS IN SUPPORT OF FORFEITURE

12. There is evidence that the Defendant Currency is forfeitable to the 

United States of America pursuant to 18 U.S.C. §§ 981(a)(1)(A) and/or 

981(a)(1)(C) and 21 U.S.C. § 881(a)(6). Evidence supporting this determination 

includes, but is not limited to, the following: 

a. Gavin Awerbuch (“AWERBUCH”) has been licensed as a medical 

doctor since on or about September 23, 1987. AWERBUCH 

specializes in neurology. 

b. AWERBUCH incorporated Gavin Awerbuch, M.D. PLLC, in the State 

of Michigan, on or about May 14, 2008. 

c. AWERBUCH was certified as a Medicare provider on or about 

September 23, 1987. AWERBUCH’s business, Gavin Awerbuch, M.D. 

PLLC, operates at 5889 Bay Road, Suite 104, Saginaw, MI 48604, in 

the Eastern District of Michigan.

d. On May 2, 2014, a Criminal Complaint in the United States District 

Court for the Eastern District of Michigan was filed against 

AWERBUCH, Criminal Case No. 2:14-mj-30216, alleging offenses of 

healthcare fraud and distribution of controlled substances. Search and 

seizure warrants have been issued and executed in this matter. 

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e. Investigation revealed that between January 2009 and January 2014, 

AWERBUCH submitted approximately 42,780 claims to Medicare for 

2,437 Medicare beneficiaries totaling approximately $31,521,413.91, 

of which Medicare paid approximately $9,816,532.39.

f. Medicare is the federal health insurance program for the aged and 

disabled established by Congress in 1965. Medicare Part B covers 

certain doctors’ services, outpatient care, medical supplies, and 

preventive services. Medicare Part D involves prescription drug 

coverage.

g. Subsys is proprietary sublingual fentanyl spray for breakthrough cancer 

pain, or BTCP, in opioid-tolerant patients. Subsys is a delivery 

mechanism for liquid fentanyl formulations. Fentanyl is a Schedule II 

controlled substance.

h. Due to the risk for misuse, abuse, addiction and overdose, the Food and 

Drug Administration (FDA) provides that Subsys is only available 

through a program called Risk Evaluation and Mitigation Strategy 

(REMS) under the Trans mucosal Immediate-Release Fentanyl (TIRF). 

i. Prescribers that wish to prescribe TIRF medications must sign 

documents stating, among other things, that they understand that “TIRF 

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medicines are indicated only for the management of breakthrough pain 

in patients with cancer, who are already receiving and who are tolerant 

to around-the-clock therapy for their underlying persistent pain.”

j. Medicare Part D has paid approximately $6,969,100 for dates of 

service of January 1, 2009 through February 6, 2014, for Subsys 

prescribed by AWERBUCH. AWERBUCH wrote approximately 

1,283 prescriptions for Subsys for Medicare beneficiaries during this 

time period making AWERBUCH the top prescriber of Subsys for 

Medicare beneficiaries nationwide during this time. This is more than 

six times the number of Subsys prescriptions for Medicare 

beneficiaries written by his closest competitor, who wrote 

approximately 203 such prescriptions. 

k. AWERBUCH is a prolific biller of two categories of diagnostic tests, 

referred to as nerve conduction studies (NCS), and needle 

electromyographies (EMGs). Broadly speaking, these diagnostic tests 

are used to detect damage to nerves and muscles, and to help pinpoint 

the causes of such damage. A nerve conduction study measures how 

quickly electrical impulses move along a nerve. Nerve conductions 

studies typically take from 15 minutes to more than one hour. A 

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needle EMG measures the electrical activity of the muscle. A typical 

needle EMG can take as long as 25 minutes to one hour. 

 CPT CPT DESCRIPTION

95904 Nerve conduction, amplitude and latency/velocity study, 

each nerve; sensory

95903 Nerve conduction, amplitude and latency/velocity study, 

each nerve; motor, with f-wave study

95861 Needle measurement and recording of electrical activity of 

muscles or arms or legs

95864 Needle measurement and recording of electrical activity of 

muscles in arms or legs

95885 Needle measurement and recording of electrical activity of 

muscles of arm or leg limited study

95886 Needle measurement and recording of electrical activity of 

muscles or arm or leg complete study 

l. AWERBUCH used each of the above codes to bill Medicare and other 

insurers for nerve conduction studies and needle EMGs he purportedly 

performed. The table below illustrates the billed and paid amounts 

from Medicare and Blue Cross Blue Shield of Michigan (BCBSM) to 

AWERBUCH as they relate to the procedure codes at issue in this 

matter:

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CPT MEDICARE BCBSM 

 (Jan ’09 – Jan ‘14) (Jan ‘ 09 – Mar ’14) 

BILLED PAID BILLED PAID

95904 $3,811,125.00 $1,316,694.27 $4,278,917.00 $1,224,573.34

95903 $2,071,479.00 $ 932,612.73 $2,904,213.00 $1,072,798.40

95861 $1,475,160.00 $ 351,697.08 $1,379,695.00 $ 252,052.93 

95864 $ 535,120.00 $ 139,851.19 $ 560,630.00 $ 126,585.19

95885 $ 30,452.00 $ 4,422.62 $ 25,900.00 $ 1,231.89

95886 $ 949,136.40 $ 209,117.43 $ 579,250.00 $ 34,916.30

95887 $ 300.00 $ 58.62 $ 0.00 $ 0.00

$8,872,772.40 $2,954,453.94 $9,728,605.00 $2,712,158.05

m. Information has revealed that AWERBUCH billed Medicare and Blue 

Cross Blue Shield of Michigan (BCBSM) for nerve conduction studies 

and electromyography tests which he did not actually provide. 

n. Information received over the course of the criminal investigation 

developed from undercover patient visits, beneficiary interviews, 

expert witness reviews and the total monies received from Medicare, 

indicates that AWERBUCH prescribed Subsys outside the scope of 

legitimate medical practice and for no legitimate medical purpose. 

o. Using a Medicare Part D Peer Comparison report ranking prescribers of 

Subsys shows that AWERBUCH is the number one prescriber both 

nationwide and in the State of Michigan. AWERBUCH’s 

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prescriptions for Subsys has cost the Medicare program almost $7 

million during the time period of January 2009 to February 2014, with 

his closest competitor having only prescribed $1,615,254 of this 

medication for Medicare beneficiaries.

p. AWERBUCH is also one of the leading billers of Medicare for needle 

EMGs and NCS nationwide. A nationwide peer comparison shows 

that AWERBUCH has reaped more than $5.6 million for such testing 

since January 2009, including approximately $464,591 from Medicare 

since January 2012. 

q. AWERBUCH created a scheme of not actually performing electro 

diagnostic testing for which he billed Medicare and BCBSM. 

AWERBUCH billed for electro diagnostic tests on patients that were 

never actually performed. At least three of the patients that 

AWERBUCH billed bogus electro diagnostic tests for were undercover 

officers. Each of the officers went into AWERBUCH’s Saginaw 

office where AWERBUCH pretended to perform the diagnostic test on 

them by touching them with needles that were not hooked up to the 

EMG machine. No printout came out of the machine and it appeared 

that the machine was not functional. The undercover visits were 

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reviewed by a medical expert who determined that the diagnostic test 

was not real based upon the facts that no ground electrodes were placed 

on the patients, nor were tape measurements taken. In addition, the 

tests only lasted on average about two minutes, whereas legitimate 

electro diagnostic tests should last a minimum of 25 minutes. 

r. Based on information obtained through investigation, a significant 

portion of AWERBUCH’s business is derived from fraudulent or 

fictitious billing, which resulted in a great accumulation of wealth 

through this illegal activity. 

FINANCIAL INVESTIGATION

s. AWERBUCH has engaged in a number of financial transactions with 

the proceeds of his fraudulent activity. Between January 2009 and 

January 2014, AWERBUCH received over $5.6 million for EMGs and 

NCS testing. During this same time frame, AWERBUCH engaged in 

many financial transactions of over $10,000, from various business and 

personal bank accounts, as well as Merrill Lunch accounts held 

personally and in related business entities, often for the purchase of 

expensive, rare coins. Sizeable purchases were made with dealers of 

rare and collectible coins, as well as dealers of other types of collectible 

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items. These assets were purchased, at least in part, with criminally 

derived proceeds commingled in AWERBUCH’s various accounts. 

t. When illegally obtained funds are commingled with legitimate funds in 

a bank account for the purpose of concealing or disguising the location, 

source, ownership, or control of the illegally obtained funds, all of the 

funds in the commingled accounts are subject to seizure and forfeiture.

u. Where commingling occurs, the Government need not separate out 

tainted money from any potentially clean money that may be contained 

in a bank account because all of the funds in the account constitute 

proceeds of unlawful activity and/or property “involved in” unlawful 

activity, or traceable thereto, and thus are subject to forfeiture. 

v. From January 2008 through December 2013, approximately 

$11,017,880 in Medicare proceeds was deposited into AWERBUCH’s 

Fifth Third Bank Account XXXXXX7731. AWERBUCH conducted 

many purchases directly from this account, and also routinely 

transferred funds from this account into other accounts for both 

business and personal use. 

w. The chart below summarizes over $9 million dollars in payments made 

from AWERBUCH’s business and personal bank accounts, as well as 

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his Merrill Lynch accounts, to various coin and other collectible dealers 

from 2008 through 2013:

x. At least 192 of the above summarized transactions were in excess of 

$10,000 each in violation of Title 18 U.S.C. 1957. 

y. In addition to Fifth Third Bank Account XXXXXX7731, 

AWERBUCH maintained other accounts at Fifth Third Bank. 

AWERBUCH also held accounts at PNC Bank and as previously 

mentioned, AWERBUCH held numerous accounts at Merrill Lynch. 

Investigation revealed that each of the accounts received significant 

amounts of illegally obtained proceeds from AWERBUCH’s Fifth 

Third Bank Account XXXXXX7731. 

z. In April 2011, AWERBUCH’s investment accounts held at Charles 

Schwab and Morgan Stanley were rolled into accounts held at Merrill 

Payee 2008 2009 2010 2011 2012 2013 Total

Kagin's Inc $ 801,736.70 $ 471,193.95 $1,602,778.00 $1,418,849.63 $1,947,318.75 $777,000.00 $7,018,877.03

New World Rarities, Ltd $ 115,000.00 $ 189,100.00 $ 95,380.00 $ 126,700.00 $ 132,435.00 $ 15,000.00 $ 673,615.00

Pegasi $ 66,012.50 $ 168,008.25 $ 64,827.75 $ 103,956.75 $ 76,142.00 $ 59,250.00 $ 538,197.25

Frederick Bart $ 205,200.00 $ 120,025.00 $ 35,000.00 $ 360,225.00

Heritage Auction Galleries $ 11,402.20 $ 163,853.05 $ 21,000.00 $ 196,255.25

David Lawrence Rare Coins $ 123,500.00 $ 123,500.00

Dave Hirschman $ 21,605.00 $ 17,565.00 $ 8,680.00 $ 26,130.00 $ 15,540.00 $ 19,035.00 $ 108,555.00

William Rosenblum, LLC $ 8,803.00 $ 47,758.50 $ 35,248.50 $ 91,810.00

Honor Coin $ 60,250.00 $ 13,950.00 $ 10,730.00 $ 4,550.00 $ 2,200.00 $ 91,680.00

Coin Shop $ 12,000.00 $ 6,837.00 $ 4,910.00 $ 7,600.00 $ 31,347.00

Nouthens Numismatic $ 29,500.00 $ 29,500.00

HLRC $ 20,500.00 $ 7,850.00 $ 28,350.00

Stack's Numismatists $ 8,185.05 $ 14,595.55 $ 22,780.60

USMS Limited $ 5,315.00 $ 8,320.00 $ 700.00 $ 14,335.00

Mark Alberici $ 12,500.00 $ 12,500.00

Weiss Collectables $ 1,500.00 $ 500.00 $ 2,000.00

 Total $1,250,857.20 $1,214,916.45 $1,831,340.75 $1,933,393.48 $2,239,834.25 $873,185.00 $9,343,527.13

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Lynch. Funds traced from Fifth Third Bank Account XXXXXX7731, 

show payments to Charles Schwab of at least $671,400 from May 2008 

through January 2011. An additional $94,000 was transferred from 

Fifth Third Bank Account XXXXXX7731, into Morgan Stanley Smith 

Barney between January 2008 and March 2011. 

aa. Also from September 2011 through November 2013, AWERBUCH 

made deposits and transfers to his Merrill Lynch accounts totaling at 

least $329,914.68. AWERBUCH continued to close out accounts at 

Merrill Lynch by rolling the funds into new Merrill Lynch accounts. 

bb. In addition to fund transfers to investment firms from AWERBUCH’s 

Fifth Third Bank Account XXXXXX7731, there were also transfers 

made from this account to other bank accounts. 

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cc. Below is a chart with a sample of purchases made during 2013 from 

AWERBUCH’s various bank accounts:

COINS/COLLECTIBLES PURCHASES - GREATER THAN $10,000

CHECK # DATE PAYEE AMOUNT BANK

1212 12/4/2013 KAGIN'S INC. $100,000.00 5/3 BANK

5163 11/14/2013 KAGIN'S INC. $30,000.00 5/3 BANK

1193 11/12/2013 KAGIN'S INC. $65,000.00 5/3 BANK

WT 10/23/2013 KAGIN'S INC. $100,000.00 5/3 BANK

28818 10/16/2013 KAGIN'S INC. $30,000.00 5/3 BANK

1189 9/22/2013 KAGIN'S INC. $45,000.00 5/3 BANK

1183 5/14/2013 KAGIN'S INC. $100,000.00 5/3 BANK

1151 2/6/2013 KAGIN'S INC. $50,000.00 5/3 BANK

5159 2/1/2013 KAGIN'S INC. $20,000.00 5/3 BANK

1211 1/23/2013 KAGIN'S INC. $30,000.00 5/3 BANK

dd. From September 2011 through November 2013, AWERBUCH made

payments and transfers from his Fifth Third Bank Account No. 

XXXXXX7731 to Merrill Lynch accounts totaling at least 

$329,914.68. It is believed that these payments and transfers were 

proceeds of health care fraud, proceeds of distribution of controlled 

substances, and/or proceeds or funds involved in money laundering. 

The following dollar amounts were payments/transfers from Fifth 

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Third Bank Account No. XXXXXX7731 during the aforementioned 

time period to:

Merrill Lynch Account No. XXX-X5623 $ 42,414.68

Merrill Lynch Account No. XXX-X5618 $250,000.00

Merrill Lynch Account No. XXX-X5635 $ 37,500.00

ee. AWERBUCH routinely commingled funds among his various 

accounts, including those which had received tainted funds. Between 

the approximate time period of November/December 2013, 

AWERBUCH made transfers involving the following accounts owned 

by him:

• From Merrill Lynch Account No. XXX-X5623 to Merrill 

Lynch Account No. XXX-X8161 approximately $145,000 in 

securities.

• From Merrill Lynch Account No. XXX-X5618 to Merrill 

Lynch Account No. XXX-X7984, approximately $1.1 Million 

Dollars in securities. 

ff. Not only did AWERBUCH use criminally-derived proceeds to 

purchase luxury items such as rare coins, collectibles and automobiles, 

AWERBUCH also used these illegally obtained proceeds to purchase 

the real property located in Arizona, which is the subject of related civil 

forfeiture action, U.S. vs. Real Property Located at 6320 East Red 

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Range Way, Cave Creek, Maricopa County, Arizona, et al., Civil Case 

No. 14-cv-12045 (Honorable Thomas L. Ludington). AWERBUCH 

transferred funds back and forth between various accounts 

commingling criminally-derived funds with other business funds in 

order to purchase the Defendant Real Property. 

gg. Based upon the information obtained through the course of 

investigation, the Defendant Property is subject to forfeiture for the 

reason that the Defendant Property is criminally derived proceeds of 

health care fraud and unlawful distribution of a controlled substance, 

and/or money laundering, and/or the Defendant Property constitutes 

property involved in or traceable to such offenses; and is, therefore, 

subject to forfeiture. 

CLAIMS FOR RELIEF

13. Plaintiff re-alleges and incorporates by reference each and every

allegation contained in Paragraphs 1 through 12 above, including any subparagraphs 

thereunder. 

14. There is evidence that the Defendant Property is traceable to proceeds 

derived from violations of federal drug statutes pursuant to 21 U.S.C. §§ 841 and 

846, health care fraud pursuant to 18 U.S.C. §§ 1347 and 1349, and also constitutes

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