UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

United States of America, 

Plaintiff, 

v. 

Muhammad Zafar, 

Defendant. 

________________________________/ 

Case No. 13-20882 

Judith E. Levy 

United States District Judge 

Mag. Judge David R. Grand 

OPINION SUPPLEMENTING 

BENCH ORDER [307] GRANTING DEFENDANT’S 

MOTION TO REINSTATE BOND [302] 

On February 13, 2023, the Court held a hearing on Defendant’s 

Muhammad Zafar’s motion to reinstate bond (ECF No. 302) and entered 

a bench order granting Defendant’s motion for the reasons set forth on 

the record. (ECF No. 307.) In addition to the reasons set forth on the 

record, the Court concludes that bond is appropriate for the additional 

reasons set forth below. 

I. Legal Standard 

“Under the Bail Reform Act, 18 U.S.C. § 3142, . . . a defendant may 

be detained pending trial only if a judicial officer ‘finds that no condition 

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or combination of conditions will reasonably assure the appearance of the 

person as required and the safety of any other person and the 

community[.]’” United States v. Stone, 608 F.3d 939, 945 (6th Cir. 2010) 

(alteration in original) (quoting 18 U.S.C. § 3142(e)). “The default position 

of the law, therefore, is that a defendant should be released pending 

trial.” Id.

In determining whether there are conditions of release that 

will reasonably assure the appearance of the person as 

required and the safety of any other person and the 

community, take into account the available information 

concerning— 

(1) the nature and circumstances of the offense charged, 

including whether the offense is a crime of violence, . . . ; 

(2) the weight of the evidence against the person; 

(3) the history and characteristics of the person, including— 

(A) the person’s character, physical and mental 

condition, family ties, employment, financial resources, 

length of residence in the community, community ties, 

past conduct, history relating to drug or alcohol abuse, 

criminal history, and record concerning appearance at 

court proceedings; and 

(B) whether, at the time of the current offense or arrest, 

the person was on probation, on parole, or on other 

release pending trial, sentencing, appeal, or completion 

of sentence for an offense under Federal, State, or local 

law; and 

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

the community that would be posed by the person’s 

release. . . . 

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18 U.S.C. § 3142(g). The Government must prove risk of flight by a 

preponderance of the evidence, and it must prove dangerousness to any 

other person or the community by clear and convincing evidence. United 

States v. Hinton, 113 F. App’x 76, 77 (6th Cir. 2004) (citing United States 

v. Cisneros, 328 F.3d 610, 616 (10th Cir. 2003)). 

II. Analysis 

A. Nature and Circumstances of the Offenses Charged 

As the Government noted in its response brief, the First 

Superseding Indictment charges Defendant with “one count of conspiracy 

to commit health care fraud, pursuant to 18 U.SC. § 1349; two counts of 

health care fraud, pursuant to 18 U.S.C. § 1347; two counts of wire fraud, 

pursuant to 18 U.S.C. § 1343; one count of conspiracy to pay and receive 

kickbacks, pursuant to 18 U.S.C. § 371; and two counts of payment of 

kickbacks, pursuant to 42 U.S.C. § 1320a-7b(b)(2)(A).” (ECF No. 306, 

PageID.3443; see also ECF No. 42). At the hearing, defense counsel 

attempted to minimize the scope and Defendant’s culpability in the 

alleged conspiracy. In response, the Court emphasized that the First 

Superseding Indictment alleges that Defendant was involved in a $7.9 

million dollar fraud scheme and that Defendant was the owner of one of 

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the healthcare clinics essential to the alleged scheme. Additionally, the 

Court explained that while none of the charged offenses involve crimes of 

violence, they are among the most serious charges the Court handles. 

However, the Government did not present evidence that Defendant had 

engaged in healthcare fraud or any other criminal activity after he was 

indicted or while he was a fugitive. 

The Court found that the first factor under § 3142(g) weighed in 

favor of detention. However, the Court concluded that there were 

conditions that would reasonably ensure the appearance of Defendant 

and the safety of the community. These included but were not limited to: 

(i) home detention; (ii) continuous GPS location monitoring, (iii) a zero 

tolerance for violations of bond conditions; and (iv) a prohibition on billing 

Medicaid, Medicare, or any other government entity or program (or 

causing these entities to be billed) while on bond. (ECF No. 308, 

PageID.3450–3451.) 

B. Weight of the Evidence Against Defendant 

The second § 3142(g) factor concerns the weight of the evidence of 

the defendant’s dangerousness or flight risk, not the weight of the 

evidence of the defendant’s guilt. See Stone, 608 F.3d at 948 (citing 

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United States v. Hazime, 762 F.2d 34, 37 (6th Cir. 1985)). With respect to 

this factor, the Government emphasized only Defendant’s prior flight 

while on pretrial release and his status as a fugitive while in Pakistan 

for over seven years. (See ECF No. 306, PageID.3445.) While the Court 

acknowledged that Defendant’s prior flight could be indicative of future 

conduct, it did not find this evidence to be conclusive. Instead, the Court 

found that Defendant’s decision to voluntarily return to the United 

States from Pakistan demonstrated by a preponderance of the evidence 

that Defendant did not intend to flee again. Moreover, Defendant’s 

decision to hire an attorney and coordinate his return and arrest by law 

enforcement at the airport in Detroit demonstrated a clear intent to 

remain in the United States to resolve these charges.1 Indeed, this is the 

opposite of what someone would do who is trying to evade law 

enforcement. Here, Defendant arrived at the airport ready to be arrested. 

The Court also found that Defendant suffers from significant 

mental health conditions, that these conditions may not have been 

1 While the Government acknowledged at the hearing that there were 

communications regarding Defendant’s return, it disputed that there had been any 

communication regarding a resolution, an intent to plead guilty, or a negotiated plea 

deal. 

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properly controlled at the time of Defendant’s flight, and that they may 

have factored into his initial decision to flee and leave the United States. 

Defendant also provided evidence that he was receiving treatment for 

these conditions in Pakistan (see ECF No. 302-1, PageID.3381–3401) and 

asserted that his symptoms are presently under control with appropriate 

medication that he is willing to continue taking.

For these reasons, the Court found that the second § 3142(g) factor 

weighs in favor of release. However, given Defendant’s previous flight, 

the Court concluded that substantial conditions of release were necessary 

to reasonably ensure the appearance of Defendant. These included but 

were not limited to: (i) home detention; (ii) continuous GPS location 

monitoring;2 (iii) a zero tolerance for violations of bond conditions; (iv) 

surrendering any passport or driver’s license to Pretrial Services; (v) a 

prohibition on obtaining additional identification documents; (vi) 

participation in mental health treatment as required by Pretrial 

2 As relevant to this factor, Pretrial Services confirmed at the hearing that the 

GPS location monitoring will be “active” and will notify Pretrial Services of a violation 

if Defendant leaves his home without authorization within approximately ten to 

fifteen minutes. 

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Services; and (vii) reporting as directed to Pretrial Services. (ECF No. 

308, PageID.3449–3451.) 

C. History and Characteristics of Defendant 

With respect to the third § 3142(g) factor, the Government pointed 

only to Defendant’s flight from the United States while previously on 

bond. (See ECF No. 306, PageID.3446.) At the hearing the Court 

indicated this factor was neutral with respect to detention. However, 

after further consideration, the Court concludes that this factor weighs 

in favor of release. First, Defendant’s wife, brother-in-law, and other 

extended family currently reside in the District, and Defendant had three 

family members (including his brother-in-law) present to support him at 

the hearing. Additionally, Defendant has no history of drug or alcohol 

abuse or prior criminal history. While Defendant has not resided in the 

District for some time and was previously a fugitive, the Court does not 

afford these sub-factors controlling weight in light of Defendant’s 

decision to return voluntarily to the District. And as the Court discussed 

above, Defendant has presented evidence that his mental health 

conditions are currently under control with appropriate medication. 

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For these reasons, the Court concludes that, with respect to this 

factor, there are conditions of release that can ensure Defendant’s 

appearance and the safety of the community. These include but are not 

limited to: (i) home detention with his wife, brother-in-law, and his family 

at the bond address; (ii) continuous GPS location monitoring; (iii) a zero 

tolerance for violations of bond conditions; (iv) participation in mental 

health treatment as required by Pretrial Services; and (v) a prohibition 

on the use of narcotics, marijuana, and other controlled substances. (See 

ECF No. 308, PageID.3450.) 

D. Nature and Seriousness of the Danger to the 

Community Posed by Defendant’s Release 

With respect to the fourth factor under § 3142(g), the Government 

indicated that, because of Defendant’s absence for the last seven years, it 

was unaware of any potential danger posed to the community. (ECF No. 

306, PageID.3446.) While the Government points to the seriousness of 

Defendant’s alleged conspiracy, this is insufficient to demonstrate 

Defendant’s dangerousness by clear and convincing evidence. Hinton, 

113 F. App’x at 77. However, as the Court discussed above, the 

substantial restrictions placed on Defendant’s release are sufficient to 

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address the seriousness of the charges against him and the potential risk 

he poses to the community. 

III. Conclusion 

For the reasons set forth above and on the record at the hearing, 

the Court concludes that there is a combination of conditions that can 

reasonably assure the appearance of Defendant Muhammad Zafar and 

the safety of the community. Therefore, the Court concludes that—

subject to the conditions of release set by the Court—bond is appropriate, 

and Defendant must be released pending trial pursuant to 18 U.S.C. 

§ 3142.3 

 IT IS SO ORDERED. 

Dated: February 14, 2023 s/Judith E. Levy 

Ann Arbor, Michigan JUDITH E. LEVY 

United States District Judge 

3 Nothing in this Opinion should be construed as amending or altering the 

Order setting Defendant’s conditions of release. (ECF No. 308.) 

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CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served 

upon counsel of record and any unrepresented parties via the Court’s 

ECF System to their respective email or first-class U.S. mail addresses 

disclosed on the Notice of Electronic Filing on February 14, 2023. 

s/William Barkholz 

WILLIAM BARKHOLZ 

Case Manager 

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