United States of America v. Approximately $8,658.00 in U.S. Currency

Filing 11

ORDER STAYING FURTHER PROCEEDINGS signed by District Judge Dale A. Drozd on 7/13/2017. Case stayed until 12/29/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 1:17-cv-00592-DAD-BAM

Plaintiff,
v.

ORDER STAYING FURTHER
PROCEEDINGS

APPROXIMATELY $8,658.00 IN U.S.
CURRENCY,

(Doc. No. 8)

Defendants.

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On July 10, 2017, the parties filed a stipulation jointly proposing to stay all further

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proceedings in the above-entitled action due ongoing criminal proceedings against Jesus

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Velasquez-Juarez in United States v. Jesus Velasquez-Juarez, 1:16-cr-00189-DAD-BAM. (Doc.

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No. 8.) The parties have moved to stay pursuant to 18 U.S.C. § 981(g)(1), which provides that a

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stay of the civil forfeiture proceedings is proper “if the court determines that civil discovery will

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adversely affect the ability of the Government to conduct a related criminal investigation or the

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prosecution of a related criminal case.” Further, § 981(g)(2) provides that stay is proper if the

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court determines: “(a) the claimant is the subject of a related criminal investigation or case; (b)

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the claimant has standing to assert a claim in the civil forfeiture proceeding; and (c) continuation

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of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the

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related investigation or case.”
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Here, the government has indicated that it intends to depose Mr. Velasquez-Juarez in the

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event he files a claim in this civil forfeiture proceeding, and doing so would place him in the

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position of either invoking or waiving his Fifth Amendment right to self-incrimination “and

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losing the ability to pursue any claim to the Defendant Currency . . . .” (Id. at 2, ¶ 3.) The

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government notes that should Mr. Valesquez-Juarez invoke his Fifth Amendment right, the

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United States would be unable to explore the factual basis of his claim. (Id.) In addition, the

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parties represent that in the event Mr. Valesquez-Juarez deposes law enforcement officers

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involved with this investigation, doing so “would adversely impact the ability of such law

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enforcement officers to investigate the alleged underlying criminal conduct.” (Id. at ¶ 4.)

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Having reviewed the parties’ stipulation, the court finds good cause to stay further

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proceedings since this action has potential adverse consequences with respect to the pending

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criminal case and on Mr. Velasquez-Juarez’s ability to raise any defense to forfeiture in this civil

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action. Accordingly,

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1. Pursuant to the terms of the parties’ stipulation, the court stays further proceedings

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until December 29, 2017; and
2. By that date the parties are directed to advise the court regarding the status of the

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criminal proceedings and indicate whether the stay of this action continues to be

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necessary.

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IT IS SO ORDERED.

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Dated:

July 13, 2017
UNITED STATES DISTRICT JUDGE

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