United States of America v. Approximately 3,804 Firearms

Filing 15

STIPULATION and ORDER signed by Judge John A. Mendez on 7/21/2015 ORDERING that this matter is STAYED until 8/4/2015. On or before that date the parties will advise the court whether a further stay is necessary. CASE STAYED. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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,

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1:14-CV-01999-JAM-SAB

Plaintiff,

STIPULATION AND ORDER TO STAY
FURTHER PROCEEDINGS

v.
APPROXIMATELY 3,804 FIREARMS,

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Defendant.

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Plaintiff,

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1:14-CV-01211-JAM-SAB

CALIFORNIA RIFLE PISTOL
ASSOCIATION, INCORPORATED,

v.
BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES; ATTORNEY
GENERAL ERIC HOLDER, in his official
capacity; B. TODD JONES, in his official
capacity; and DOES 1 through 100, inclusive,
Defendants.

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The United States and claimant Chris Cook (“claimant”) hereby stipulate that a stay is necessary

27 in the above-entitled action, and request that the Court enter an order staying all further proceedings due
28 to an on-going related criminal investigation against claimant Chad Cook.
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Stipulation and Order to Stay Further
Proceedings

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1.

Claimant has filed a claim in this in rem forfeiture action, asserting he has an interest, in

2 whole or in part, and directly, on behalf of, and/or as custodian, for each of the defendant assets in this
3 action. ECF No. 7.
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2.

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

5 contends that the defendant assets were involved in or used in a violation of federal law, 18 U.S.C. §
6 922(a)(1)(A) (unlicensed importing, manufacturing, or dealing in firearms, or in the course of such
7 business to ship, transport, or receive any firearm in interstate or foreign commerce). Claimant denies
8 these allegations.
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3.

The United States intends to depose claimant Cook regarding his claim and the allegations

10 as set forth in the complaint. If discovery proceeds at this time, claimant will be placed in the difficult
11 position of either invoking his Fifth Amendment rights against self-incrimination and losing the ability to
12 pursue his claim to the defendant assets, or waiving his Fifth Amendment rights and submitting to a
13 deposition and potentially incriminating himself. If he invokes his Fifth Amendment rights, the United
14 States will be deprived of the ability to explore the factual basis for the claim he filed with this court.
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4.

In addition, claimant intends to depose, among others, law enforcement involved with this

16 investigation, including but not limited to, the agents with the Bureau of Alcohol, Tobacco, Firearms and
17 Explosives. Allowing depositions of the law enforcement officers at this time would adversely impact
18 the ability of the federal authorities to investigate the alleged underlying criminal conduct.
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5.

The parties recognize that proceeding with this action at this time has potential adverse

20 effects on the investigation of the underlying criminal conduct and/or upon the claimant’s ability to assert
21 any defenses to forfeiture. For these reasons, and because the parties are attempting to settle the civil
22 forfeiture case, the parties jointly request that these matters be stayed until August 4, 2015, in accordance
23 with the terms of this stipulation.
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Stipulation and Order to Stay Further
Proceedings

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At that time the parties will advise the court of the status of the criminal investigation and

2 will advise the court whether a further stay is necessary.
3 Dated: July 21, 2015
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BENJAMIN B. WAGNER
United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant United States Attorney

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Dated: July 20, 2015

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/s/ Anna M. Barvir and Joseph A. Silvoso III
C. D. MICHEL
ANNA M. BARVIR
JOSEPH A. SILVOSO III
Attorneys for Claimant Chris Cook
(as approved by email on 7/20/15)

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ORDER

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For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and

15 981(g)(2) until August 4, 2015, in accordance with the terms of this stipulation. On or before that date
16 the parties will advise the court whether a further stay is necessary.
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IT IS SO ORDERED.

18 Dated: 7/21/2015
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/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

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Stipulation and Order to Stay Further
Proceedings