United States of America v. David Jankowski, et al.

Summary

The United States District Court for the Eastern District of Michigan denied David Jankowski’s motion seeking turnover of real property in South Haven, Michigan, to his son. The court held that Jankowski lacked standing to assert the purported lien rights of third parties and noted that the motion was untimely. The court also rejected Jankowski’s contention that the restitution judgment had been paid in full, finding an outstanding restitution balance of $4,183,031.01 as of February 13, 2026.

Holdings

1. Jankowski lacked standing to assert the legal rights and interests of PJANPS, LLC, MDS I, LLC, MDS II, LLC, and Mary Grace Jankowski because he did not establish the required close relationship and hindrance to those parties' ability to protect their own interests.
2. The turnover motion was untimely because it was filed after the court-ordered deadline for responding to the United States' motion concerning sale of the property.
3. The asserted restitution payment did not support turnover because official court records showed that Jankowski still owed $4,183,031.01 in restitution as of February 13, 2026.

Questions Presented

1. Whether Jankowski had standing to seek turnover of the property by asserting the purported rights and interests of third-party lienholders.
2. Whether Jankowski's turnover motion should be denied as untimely.
3. Whether the asserted lien amounts and claimed restitution balance required the court to prevent the United States from selling or retaining possession of the property.

Disposition

other