United States of America v. Approximately $10,703.71 in U.S. Currency Seized From Bank of The Sierra Account Number 1420468170 et al

Filing 14

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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5 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: (559) 497-4000 Facsimile: (559) 497-4099 6 Attorneys for United States 1 2 3 4 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 UNITED STATES OF AMERICA, ) 1:12-CV-00396-LJO-SKO ) Plaintiff, ) STIPULATION TO STAY PROCEEDINGS ) AND ORDER v. ) ) APPROXIMATELY $10,703.71 IN ) U.S. CURRENCY SEIZED FROM ) BANK OF THE SIERRA ACCOUNT ) NUMBER 1420468170, and ) ) APPROXIMATELY $118.91 IN U.S. ) CURRENCY SEIZED FROM UNION ) BANK ACCOUNT NUMBER ) 1540018207, ) ) ) Defendants. ) _____________________________________) 21 The United States of America and Claimants Mark Bagdasarian and 22 Maureen Bagdasarian, by and through their respective counsel, hereby stipulate 23 that a stay is necessary in the above-entitled action and request the Court enter an 24 order staying proceedings due to the on-going criminal prosecution United States v. 25 Bagdasarian et al, 1:11-CR-00352-LJO-SKO. 26 The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2). The 27 United States contends that the defendant assets were proceeds of, involved in, or 28 facilitated the violations alleged in the Superceding Criminal Indictment (See 1:111 1 CR-00352-LJO-SKO Doc # 42). A stay is warranted because if discovery proceeds at this time in the civil in 2 3 rem case, Claimants would be entitled to depose, among others, the agents and 4 deputies involved with this investigation. Allowing depositions of the law 5 enforcement officers at this stage of the criminal investigation could adversely affect 6 the ability of the federal authorities to effectively pursue the related criminal 7 prosecution. 8 Likewise, a stay is warranted because Claimant Mark Bagdasarian is a 9 Defendant in the related criminal prosecution, has standing to assert a claim in the 10 civil in rem forfeiture proceeding, and continuation of the forfeiture proceeding will 11 burden the right of Claimant Mark Bagdasarian against self-incrimination in the 12 related criminal prosecution. 13 As such, the parties recognize that proceeding with the civil in rem action at 14 this time could have adverse effects on the underlying criminal prosecution and/or 15 upon the Claimants' ability to prove their claim to the property and to assert any 16 defenses to forfeiture. For these reasons, the parties jointly request that this matter be stayed 17 18 pending resolution of the related criminal prosecution. 19 THEREFORE, the parties to this action stipulate and request as follows: 20 1. 21 pending related criminal prosecution; 22 2. All presently scheduled court dates be vacated; and, 23 3. The parties are to promptly notify the Court upon resolution of the pending 24 criminal prosecution. 25 /// 26 /// 27 /// 28 /// Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action be stayed due to the 2 Respectfully submitted, 1 2 3 Dated: July 17 , 2012 BENJAMIN B. WAGNER United States Attorney 4 5 /s/ Heather Mardel Jones HEATHER MARDEL JONES Assistant United States Attorney 6 7 8 9 Dated: July 17 , 2012 /s/ Nicholas Capozzi ANTHONY P. CAPOZZI NICHOLAS CAPOZZI Attorneys for Claimants Mark Bagdasarian and Maureen Bagdasarian 10 11 12 13 14 ORDER 15 16 17 IT IS SO ORDERED. 18 Dated: ie14hj 19 July 19, 2012 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 3

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