United States of America v. Approximately $35,900.00 in U.S. Currency et al

Filing 20

STIPULATION and ORDER STAYING PROCEEDINGS. Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action be stayed due to the pending related criminal prosecution; All presently scheduled court dates be vacated; and, the parties are to promptly notify the Court upon resolution of the pending criminal prosecution. Order signed by Magistrate Judge Sheila K. Oberto on 7/19/2012. (Timken, A)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for United States

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

) 1:12-CV-00254-LJO-SKO
)
Plaintiff,
) STIPULATION TO STAY
) PROCEEDINGS AND ORDER
v.
)
)
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APPROXIMATELY $35,900.00 IN
)
U.S. CURRENCY,
)
)
APPROXIMATELY $5,500.00 IN U.S. )
CURRENCY,
)
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APPROXIMATELY $3,127.00 IN U.S. )
CURRENCY, and
)
)
APPROXIMATELY $5,772.08 IN US. )
CURRENCY SEIZED FROM UNION )
BANK ACCOUNT NUMBER
)
1540018207,
)
)
Defendants.
)
____________________________________ )

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The United States of America and Claimants Mark Bagdasarian and

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Maureen Bagdasarian, by and through their respective counsel, hereby stipulate

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that a stay is necessary in the above-entitled action and request the Court enter an

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order staying proceedings due to the on-going criminal prosecution United States v.

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Bagdasarian et al, 1:11-CR-00352-LJO-SKO.

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///
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The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2). The

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United States contends that the defendant assets were proceeds of, involved in, or

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facilitated the violations alleged in the Superceding Criminal Indictment (See 1:11-

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CR-00352-LJO-SKO Doc # 42).
A stay is warranted because if discovery proceeds at this time in the civil in

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rem case, Claimants would be entitled to depose, among others, the agents and

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deputies involved with this investigation. Allowing depositions of the law

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enforcement officers at this stage of the criminal investigation could adversely affect

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the ability of the federal authorities to effectively pursue the related criminal

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prosecution.

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Likewise, a stay is warranted because Claimant Mark Bagdasarian is a

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Defendant in the related criminal prosecution, has standing to assert a claim in the

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civil in rem forfeiture proceeding, and continuation of the forfeiture proceeding will

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burden the right of Claimant Mark Bagdasarian against self-incrimination in the

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related criminal prosecution.

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As such, the parties recognize that proceeding with the civil in rem action at

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this time could have adverse effects on the underlying criminal prosecution and/or

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upon the Claimants' ability to prove their claim to the property and to assert any

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defenses to forfeiture.
For these reasons, the parties jointly request that this matter be stayed

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pending resolution of the related criminal prosecution.

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THEREFORE, the parties to this action stipulate and request as follows:

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1.

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pending related criminal prosecution;

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2.

All presently scheduled court dates be vacated; and,

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3.

The parties are to promptly notify the Court upon resolution of the pending

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criminal prosecution.

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///

Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action be stayed due to the

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Respectfully submitted,

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Dated: July 17 , 2012

BENJAMIN B. WAGNER
United States Attorney

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/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney

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Dated: July 17 , 2012
/s/ Nicholas Capozzi
ANTHONY P. CAPOZZI
NICHOLAS CAPOZZI
Attorneys for Claimants
Mark Bagdasarian and
Maureen Bagdasarian

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ORDER

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IT IS SO ORDERED.

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Dated:
ie14hj

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July 19, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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