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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 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. 17 18 On July 10, 2017, the parties filed a stipulation jointly proposing to stay all further 19 proceedings in the above-entitled action due ongoing criminal proceedings against Jesus 20 Velasquez-Juarez in United States v. Jesus Velasquez-Juarez, 1:16-cr-00189-DAD-BAM. (Doc. 21 No. 8.) The parties have moved to stay pursuant to 18 U.S.C. § 981(g)(1), which provides that a 22 stay of the civil forfeiture proceedings is proper “if the court determines that civil discovery will 23 adversely affect the ability of the Government to conduct a related criminal investigation or the 24 prosecution of a related criminal case.” Further, § 981(g)(2) provides that stay is proper if the 25 court determines: “(a) the claimant is the subject of a related criminal investigation or case; (b) 26 the claimant has standing to assert a claim in the civil forfeiture proceeding; and (c) continuation 27 of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the 28 related investigation or case.” 1 1 Here, the government has indicated that it intends to depose Mr. Velasquez-Juarez in the 2 event he files a claim in this civil forfeiture proceeding, and doing so would place him in the 3 position of either invoking or waiving his Fifth Amendment right to self-incrimination “and 4 losing the ability to pursue any claim to the Defendant Currency . . . .” (Id. at 2, ¶ 3.) The 5 government notes that should Mr. Valesquez-Juarez invoke his Fifth Amendment right, the 6 United States would be unable to explore the factual basis of his claim. (Id.) In addition, the 7 parties represent that in the event Mr. Valesquez-Juarez deposes law enforcement officers 8 involved with this investigation, doing so “would adversely impact the ability of such law 9 enforcement officers to investigate the alleged underlying criminal conduct.” (Id. at ¶ 4.) 10 Having reviewed the parties’ stipulation, the court finds good cause to stay further 11 proceedings since this action has potential adverse consequences with respect to the pending 12 criminal case and on Mr. Velasquez-Juarez’s ability to raise any defense to forfeiture in this civil 13 action. Accordingly, 14 1. Pursuant to the terms of the parties’ stipulation, the court stays further proceedings 15 16 until December 29, 2017; and 2. By that date the parties are directed to advise the court regarding the status of the 17 criminal proceedings and indicate whether the stay of this action continues to be 18 necessary. 19 IT IS SO ORDERED. 20 Dated: July 13, 2017 UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?