United States of America v. Approximately $14,180.33 in U.S. Currency Seized From Wells Fargo Bank Account No. 586583378, Held In The Name of Yong Tae Kim et al

Filing 16

STIPULATION and ORDER staying action signed by Magistrate Judge Sheila K. Oberto on 11/16/2010. (Timken, A)

United States of America v. Approximately $14,180.33 ... Held In The Name of Yong Tae Kim et al

Doc. 16

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BENJAMIN B. WAGNER United States Attorney DEANNA L. MARTINEZ KELLI L. TAYLOR Assistant U.S. Attorneys United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is hereby stipulated by and between plaintiff United States of America and Claimant Yong Tae Kim, by and through their respective counsels, for the above-entitled forfeiture action, as follows: 1. Claimant Yong Tae Kim is presently facing federal criminal charges in the UNITED STATES OF AMERICA, ) 1:10-CV-01356-AWI-SKO ) Plaintiff, ) STIPULATION AND ORDER ) STAYING ACTION v. ) ) APPROXIMATELY $14,180.33 IN U.S. ) CURRENCY SEIZED FROM WELLS ) FARGO BANK ACCOUNT NO. ) 586583378, HELD IN THE NAME OF ) YOUNG TAE KIM, and ) ) APPROXIMATELY $5,945.59 IN U.S. ) CURRENCY SEIZED FROM WELLS ) FARGO BANK ACCOUNT NO. ) 2628728095, HELD IN THE NAME OF ) YOUNG TAE KIM, ) ) Defendant. ) _____________________________________ ) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Eastern District of California, United States v. Gregorio Olmos,Sr., et al., Case No. 1:10-CR00080-AWI, allegedly relating to transactions or events which form the basis for this civil forfeiture action; 1
STIPULATION AND ORDER STAYING ACTION

Dockets.Justia.com

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2.

The parties recognize that proceeding with this action has potential adverse affects

on the prosecution of the related-criminal case and/or upon claimant Yong Tae Kim's right against self-incrimination in the related federal criminal case; 3. Publication of the civil forfeiture action has been completed and to date only

Yong Tae Kim, has filed a claim or answer, or otherwise appeared in this action, and the time for which any other persons or entities to file a claim or answer has expired. THEREFORE, the parties to this action stipulate as follows: 1. Pursuant to 18 U.S.C. § 981(g), these actions shall be stayed pending the

conclusion of the federal criminal action presently pending against Yong Tae Kim in the Eastern District of California. IT IS SO STIPULATED.

Date: 11/3/10 14 15 16 17 18 19 Date: 11/8/10 20 21

BENJAMIN B. WAGNER United States Attorney /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant United States Attorney

/s/ Yong Tae Kim YONG TAE KIM Pro Se Claimant (original signature retained by attorney)

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STIPULATION AND ORDER STAYING ACTION

IT IS SO ORDERED. Dated: ie14hj November 16, 2010 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE