United States of America v. Approximately $8,658.00 in U.S. Currency
ORDER STAYING FURTHER PROCEEDINGS signed by District Judge Dale A. Drozd on 7/13/2017. Case stayed until 12/29/2017. (Jessen, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
ORDER STAYING FURTHER
APPROXIMATELY $8,658.00 IN U.S.
(Doc. No. 8)
On July 10, 2017, the parties filed a stipulation jointly proposing to stay all further
proceedings in the above-entitled action due ongoing criminal proceedings against Jesus
Velasquez-Juarez in United States v. Jesus Velasquez-Juarez, 1:16-cr-00189-DAD-BAM. (Doc.
No. 8.) The parties have moved to stay pursuant to 18 U.S.C. § 981(g)(1), which provides that a
stay of the civil forfeiture proceedings is proper “if the court determines that civil discovery will
adversely affect the ability of the Government to conduct a related criminal investigation or the
prosecution of a related criminal case.” Further, § 981(g)(2) provides that stay is proper if the
court determines: “(a) the claimant is the subject of a related criminal investigation or case; (b)
the claimant has standing to assert a claim in the civil forfeiture proceeding; and (c) continuation
of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the
related investigation or case.”
Here, the government has indicated that it intends to depose Mr. Velasquez-Juarez in the
event he files a claim in this civil forfeiture proceeding, and doing so would place him in the
position of either invoking or waiving his Fifth Amendment right to self-incrimination “and
losing the ability to pursue any claim to the Defendant Currency . . . .” (Id. at 2, ¶ 3.) The
government notes that should Mr. Valesquez-Juarez invoke his Fifth Amendment right, the
United States would be unable to explore the factual basis of his claim. (Id.) In addition, the
parties represent that in the event Mr. Valesquez-Juarez deposes law enforcement officers
involved with this investigation, doing so “would adversely impact the ability of such law
enforcement officers to investigate the alleged underlying criminal conduct.” (Id. at ¶ 4.)
Having reviewed the parties’ stipulation, the court finds good cause to stay further
proceedings since this action has potential adverse consequences with respect to the pending
criminal case and on Mr. Velasquez-Juarez’s ability to raise any defense to forfeiture in this civil
1. Pursuant to the terms of the parties’ stipulation, the court stays further proceedings
until December 29, 2017; and
2. By that date the parties are directed to advise the court regarding the status of the
criminal proceedings and indicate whether the stay of this action continues to be
IT IS SO ORDERED.
July 13, 2017
UNITED STATES DISTRICT JUDGE
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