Virginia Hospital Center-Arlington Health System v. Akl

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ZIAD AKL,
Debtor.
____________________________
VIRGINIA HOSPITAL CENTER -
ARLINGTON HEALTH SYSTEMS,
Plaintiff,
v.
ZIAD AKL,
Defendant.
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Case No. 07-00256
(Chapter 7)
Adversary Proceeding No.
07-10026
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
DEFENDANT’S MOTION FOR ISSUANCE OF A REPORT
TO THE UNITED STATES ATTORNEY UNDER 18 U.S.C. § 3057
On October 23, 2008, the defendant moved this court to issue
a report to the United States attorney pursuant to 18 U.S.C.
§ 3057. 	Because § 3057 does not provide for a private cause of
action on behalf of the defendant, I will deny the motion.
Section 3057(a) of title 18 of the United States Code
provides:
The document below is hereby signed.
Signed: April 23, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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1 	In any event, I conclude that there are not reasonable
grounds for believing that the entities against whom the motion
is directed have engaged in any violation of law.
2
Any judge, receiver, or trustee having reasonable grounds
for believing that any violation under chapter 9 of this
title [18 USC §§ 151 et seq.] or other laws of the United
States 	relating 	to 	insolvent 	debtors, 	receiverships 	or
reorganization 	plans 	has 	been 	committed, 	or 	that 	an
investigation 	should 	be 	had 	in 	connection 	therewith,
shall 	report 	to 	the 	appropriate 	United 	States 	attorney
all 	the 	facts 	and 	circumstances 	of 	the 	case, 	the 	names
of the witnesses and the offense or offenses believed to
have been committed.
Nothing in titles 11, 18, 28, or the Federal Rules of Bankruptcy
Procedures explicitly empowers the defendant with the right to
move the court for this type of relief. 	Consequently, the only
issue is whether the right should be implied.
The only case the court was able to find that addresses
whether § 3057 creates an implied cause of action is In re
Valentine, 196 B.R. 386 (Bankr. E.D. Mich. 1996). 	In Valentine,
the court found that § 3057 created no implied cause of action in
the case of a creditor moving the court to issue a report
pursuant to § 3057. 	Although Valentine dealt with a creditor
moving the court to make a report under § 3057, I find its
reasoning just as persuasive as to a motion by the debtor in an
adversary proceeding. 1 	Accordingly, for the reasons set forth in
Valentine, it is
ORDERED that the defendant’s Motion for Issuance of a Report
to the United States Attorney Under 18 U.S.C. § 3057 (Dkt. No.
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3	O:\TEEL\Garrett\Decisions\AKL3057.wpd
113) is DENIED.
[Signed and dated above.]
Copies to: All counsel of record; Office of U.S. Trustee.
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