USA v. Approximately $423,600.00 seized from Mission Bank

Filing 19

STIPULATION and ORDER to STAY Civil Proceedings. Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action is stayed until March 11, 2014, due to the related criminal investigation; a Status Conference is set for 3/4/2014, at 10: 30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto; and the parties shall file a joint status report by no later than 2/25/2014, informing the Court about the status of the case and whether a continuation of the stay is necessary. Order signed by Magistrate Judge Sheila K. Oberto on 11/10/2013. (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
[phone] Telephone
[phone] Facsimile

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

) 1:12-CV-01977-LJO-SKO
)
Plaintiff,
)
) STIPULATION TO STAY CIVIL
v.
) PROCEEDINGS
)
)
APPROXIMATELY $423,600.00
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SEIZED FROM MISSION BANK
)
ACCOUNT NUMBER 1006675, HELD )
IN THE NAME OF MIKE SEGUINE )
dba MIKE’S COIN & STAMP,
)
)
Defendant.___ _____ )

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IT IS HEREBY STIPULATED between the United States of America and Claimants

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Michael Seguine and Cathy Seguine (“Claimants”), by and through their respective counsel,

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

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staying proceedings pending resolution of the currently active criminal investigation.

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1.

On December 3, 2012, the United States filed a civil judicial “Verified

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Complaint for Forfeiture In Rem,” in the Eastern District of California: United States v.
Approximately $423,600.00 Seized From Mission Bank Account Number 1006675, held in

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Stipulation To Stay of Civil Proceedings

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the name of Mike Seguine dba Mike’s Coin & Stamp, Docket No. 1:12-CV-01977-LJO-SKO,
ECF No. 1.
2.

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On January 9, 2013, Claimants filed judicial claims to the defendant funds;

and on January 28, 2013, Claimants filed an Answer. ECF Nos. 6, 7, 8.

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3.

As provided by 18 U.S.C. § 981(g)(1), upon request of the United States, the

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court “shall” stay the civil forfeiture proceeding if the court determines that civil discovery

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will adversely affect the ability of the Government to conduct a related criminal

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investigation or the prosecution of a related criminal case.

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4.

As provided by 18 U.S.C. § 981(g)(2), upon request by the claimant, the court

“shall” stay the civil forfeiture proceedings if the court determines that the claimant is the

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subject of a related criminal investigation or case, the claimant has standing to assert a

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

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burden the right of the claimant against self-incrimination in the related investigation or

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case.

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5.

As provided in both 18 U.S.C. §§ 981(g)(1) and (g)(2), the parties wish by

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agreement to stay the civil forfeiture proceedings entirely, as the parties stipulate and

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agree that there is a related ongoing criminal investigation of which Claimants are a

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subject, that Claimants have standing to assert a claim in the civil forfeiture proceeding,

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that continuation of the forfeiture proceeding will burden the right of Claimants against

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self-incrimination in the related criminal prosecution, and that the present civil discovery

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will adversely affect the ability of the United States to conduct the related criminal
investigation.

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Stipulation To Stay of Civil Proceedings

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Accordingly, the parties agree that the stay be imposed. As the criminal

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investigation has not yet resulted in criminal charges, the parties wish the stay to be in

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effect only until March 11, 2014. The parties request that the court set a status hearing on

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or about March 4, 2014. The parties will file a joint status report one week prior, informing

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the court whether the continuation of the stay is still necessary.

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Dated: November 7, 2013

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: November 7, 2013

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/s/ Michael P. Mears
MICHAEL P. MEARS
Attorney for Claimants

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ORDER

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Pursuant to the above stipulation between the parties, IT IS HEREBY ORDERED

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that:

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1.

Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action is stayed until March

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11, 2014, due to the related criminal investigation;

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2.

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A status conference is set for March 4, 2014, at 10:30 a.m., before Magistrate
Judge Sheila K. Oberto; and

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Stipulation To Stay of Civil Proceedings

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3.

The parties shall file a joint status report by no later than February 25, 2014,

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informing the Court about the status of the case and whether a continuation of

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the stay is necessary.

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IT IS SO ORDERED.
Dated:

November 10, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation To Stay of Civil Proceedings