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

Filing 13

ORDER APPROVING Stipulation and GRANTING Stay of Further Proceedings signed by District Judge Dale A. Drozd on 1/4/2018. The parties are directed to advise the court whether further stay is necessary by 6/22/2018. (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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Plaintiff,

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

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

ORDER APPROVING STIPULATION AND
GRANTING STAY OF FURTHER
PROCEEDINGS
(Doc. No. 12)

Defendant.

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On January 2, 2017, the parties filed a stipulation to stay further proceedings until June

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29, 2018 due to the criminal case currently pending against Jesus Velazquez-Juarez in United

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States v. Jesus Velazquez-Juarez, 1:16-CR-00189-DAD-BAM. (Doc. No. 12.) Therein, the

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parties ascertained that Mr. Velazquez-Juarez has filed an answer denying the allegations and

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knowledge of the facts stated in the complaint. The United States argues that the defendant

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currency was derived from or intended to be used in violation of 21 U.S.C. § 841.1 A stay is

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21 U.S.C. § 841(1) provides that it is unlawful to knowingly or intentionally “manufacture,
distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled
substance . . . .”
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requested pursuant to 18 U.S.C. §§ 981(g) and 981(g)(2). Since the United States intends to

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depose Mr. Velazquez-Juarez, he will be placed in the position of either invoking his Fifth

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Amendment right against self-incrimination, will lose the ability to pursue a claim to the

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defendant currency, and may lose the ability to assert any defenses with respect to forfeiture. The

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United States further contends that deposing law enforcement officers in connection with this

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claim, as Mr. Velazquez-Juarez intends to do, will “impact the ability of such law enforcement

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officers to investigate the alleged underlying criminal conduct.” (Id. at 2.)

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Having shown good cause and for the reasons stated above:

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1. This matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until June 29,

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2018 in accordance with the terms of this stipulation; and
2. The parties are directed to advise the court whether further stay is necessary by June

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22, 2018.
IT IS SO ORDERED.
Dated:

January 4, 2018
UNITED STATES DISTRICT JUDGE

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