UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA, )

)

Plaintiff, )

)

v. ) 

) Cause No. 2:16cv362

)

$67,906.43 in U.S. Currency; )

86 one troy oz gold Canada Maple Leaf coins; ) 

15 one troy oz gold Credit Suisse bars; )

2 one troy oz Silver Canada coins; )

1 ten troy oz Silver bar; )

Dan Wesson Arms .45 caliber Valor pistol, )

Ser. No. 1302341; )

Heckler and Koch .40 caliber pistol, )

Ser. No. 22-056050; )

Rock Island Armory .45 caliber 1911A1 pistol, ) 

Ser. No. RIA1624903; )

I.O. Inc. 762 caliber Sporter rifle, Ser. No. 035504; )

Daniel Defense Inc. M4 Carbine zz caliber rifle, )

Ser. No. DD043721D. )

)

Defendants. )

VERIFIED COMPLAINT IN REM

Plaintiff, United States of America, by its attorneys, David Capp, 

United States Attorney for the Northern District of Indiana, and Orest 

Szewciw, Assistant United States Attorney, brings this complaint and alleges 

as follows in accordance with Supplemental Rule G(2) of the Federal Rules of 

Civil Procedure:

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NATURE OF THE ACTION

1. This is an action to forfeit and condemn to the use and benefit of the 

United States of America pursuant to 21 U.S.C. ' 881(a)(6) the defendant 

property for violations of 21 U.S.C. ' 841.

THE DEFENDANT(S) IN REM

2. Defendant property was seized on or about March 22, 2016, from 

Dr. Michael Cozzi in Fort Wayne, Indiana. Defendant property is presently 

in the custody of the United States Marshals Service in South Bend, Indiana. 

JURISDICTION AND VENUE

 3. Plaintiff brings this action in rem in its own right to forfeit and 

condemn the defendant property. This Court has jurisdiction over an action 

commenced by the United States under 28 U.S.C. ' 1345, and over an action 

for forfeiture under 28 U.S.C. ' 1355(a).

4. This Court has in rem jurisdiction over the defendant property 

under 28 U.S.C. ' 1355(b)

5. Venue is proper in this district pursuant to 28 U.S.C. '' 1355(b)(1), 

because the acts or omissions giving rise to the forfeiture occurred in this 

district and also pursuant to 28 U.S.C. '1395(b), because the defendant 

property was found within this district.

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BASIS FOR FORFEITURE

6. The defendant property is subject to forfeiture pursuant to 21 U.S.C. 

' 881(a)(6) because it constitutes 1) money, negotiable instruments, securities 

and other things of value furnished and intended to be furnished in exchange 

for a controlled substance in violation of the Controlled Substances Act; 2) 

proceeds traceable to such an exchange; or 3) money, negotiable instruments, 

and securities used and intended to be used to facilitate a violation of the 

Controlled Substances Act.

FACTS

7. At all relevant times Michael Cozzi (hereinafter "Cozzi") was a 

licensed physician and registered with the Drug Enforcement Administration 

to prescribe and dispense schedule II-V controlled substances to patients. 

Pursuant to 21 U.S.C. § 841 and 21 C.F.R., Part 1306.04, such distributions 

are unlawful unless they are done under the registered practitioner’s 

direction and supervision (i) in good faith in the course of his professional 

practice; (ii) within the scope of the patient doctor relationship; and (iii) in 

accordance with treatment principles accepted by a responsible segment of 

the medical profession, that is, when they are for a legitimate medical 

purpose in the course of a professional medical practice.

8. Analysis of Dr. Cozzi's prescribing history relating to controlled 

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substances revealed that he was ranked as the number one prescriber within 

the entire State of Indiana (to include physicians, nurse practitioners, and 

hospitals) during the time period of January 1, 2014, through February 7, 

2016, issuing approximately 64,762 controlled substance prescriptions. The 

number two and three ranked practitioners issued 60,385 and 47,795 

prescriptions respectively.

9. During the 25 month analyzed time period, Dr. Cozzi prescribed 

controlled substances to approximately 3,481 unique patients, and he 

prescribed controlled substances to approximately 1,702 patients in the onemonth time period from January 1, 2016, through February 7, 2016. Of the 

3,481 patients, 64 patients listed addresses from nearby states of Illinois, 

Michigan, and Ohio, and from far away states of Massachusetts, New York, 

Virginia, Florida, Tennessee, California, Texas, and New Mexico. Patients 

traveling great distances within state or even out of state to receive 

controlled substance prescriptions are considered a concern, especially when 

the patient is sure to have passed numerous urgent aid centers, emergency 

rooms, and hospitals on the way to Dr. Cozzi's office. 

10. Of the 64,762 controlled substance prescriptions issued by Dr. 

Cozzi, approximately 90% were for narcotic controlled substances including 

oxycodone, hydrocodone, morphine, and methadone. During the 25-month 

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time period, Dr. Cozzi issued prescriptions totaling in 2,901,624 dosage units 

of oxycodone, 1,293,749 dosage units of hydrocodone, and 747,885 dosage 

units of morphine. 

11. The investigation of Dr. Cozzi revealed that his office hours are

Monday through Friday from 8:00 a.m. to 4:30 p.m., but employees would 

sometimes stay as late as 8:30 p.m. Dr. Cozzi does not have weekend hours, 

but occasionally saw patients on weekends. Dr. Cozzi saw approximately 90 

to 120 patients per day for pain management. Dr. Cozzi does not require a 

referral or prior medical record unless the patient is a participant of Medicaid 

or another federally funded healthcare program. Patients without insurance 

could work out deals with Dr. Cozzi for other methods of payment, such as 

exchanging guns for services. The investigation revealed that patient charts 

are prepared ahead of time, including writing the scripts for Dr. Cozzi to sign 

when he actually saw the patient, which was how Dr. Cozzi saw 120 patients 

in an eight-hour day. Many patients paid in cash. 

12. On March 22, 2016, law enforcement officers executed a federal

search warrant at the residence of Dr. Cozzi. In the garage agents located 

$35,544.61 in U.S. Currency in 45 envelopes and defendant firearms. In the 

residence agents located $32,361.85 in U.S. Currency behind vents and in 

drawers in the master bathroom and kitchen. Also hidden within the vent in 

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the master bathroom were defendant coins and bars. 

WHEREFORE, the plaintiff requests that the defendant property be 

forfeited and condemned to the United States of America; that Warrant of 

Arrest In Rem be issued for defendant property; that the plaintiff be awarded 

its costs and disbursements in this action; and for such other and further 

relief as this court deems proper and just. 

Respectfully submitted, 

DAVID CAPP 

UNITED STATES ATTORNEY 

Respectfully submitted, 

DAVID CAPP 

UNITED STATES ATTORNEY 

By: /s/ Orest Szewciw 

Orest Szewciw 

Assistant U.S. Attorney 

United States Attorney’s Office 

Northern District of Indiana 

5400 Federal Plaza, Suite 1500 

Hammond, Indiana 46320 

Tel: (219)937-5500

Fax: 219-852-2770

email:orest.szewciw@usdoj.gov

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I, Jennifer Tucker, hereby verify and declare under penalty of perjury that I am a Diversion 

Investigator with the United States Department of Justice, Drug Enforcement Administration 

(DEA); that I have read the foregoing Verified Complaint In Rem and know the contents thereof, 

and that the matters contained in the Verified Complaint are true to the best of my knowledge. 

The sources of my knowledge and information are the official files and records of DEA, 

along with information supplied to me by other law enforcement officers, as well as my 

investigation of this case. 

I hereby verify and declare under the penalty of perjury that the foregoing is true and 

correct. 

Dated: os/ ll I :io IV

Diversion Investigator, DEA 

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