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

Filing 16

ORDER Approving Stipulation and Granting Stay of Further Proceedings, signed by District Judge Dale A. Drozd on 6/18/18. (Gonzalez, R)

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

ORDER APPROVING STIPULATION AND
GRANTING STAY OF FURTHER
PROCEEDINGS
(Doc. No. 15)

Defendant.

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On June 18, 2018, the parties filed a stipulation to stay further proceedings until January

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18, 2019 due to the related criminal case currently pending against Jesus Velazquez-Juarez in

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United States v. Jesus Velazquez-Juarez, No. 1:16-cr-00189-DAD-BAM. (Doc. No. 15.) The

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parties have represented that a trial setting status conference is presently scheduled in that related

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criminal case for August 1, 2018.

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The parties request a stay of this in rem forfeiture action pursuant to 18 U.S.C.

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§§ 981(g)(1) and 981(g)(2). The parties contend that, because the United States intends to depose

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

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right against self-incrimination and losing the ability to pursue any claim to the defendant

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currency, or waiving his Fifth Amendment rights and submitting to a deposition and potentially

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incriminating himself. (Doc. No. 15 at 2.) The United States further contends that deposing law
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enforcement officers regarding this claim, as Mr. Velazquez-Juarez intends to do, would impact

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the ability of such officers to investigate the alleged underlying criminal conduct. (Id.)

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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 January

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18, 2019 in accordance with the terms of this stipulation; and
2. The parties are directed to advise the court whether further stay is necessary by

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January 11, 2019.
IT IS SO ORDERED.
Dated:

June 18, 2018
UNITED STATES DISTRICT JUDGE

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