United States of America v. Approx. $1,200,000.00 in U.S. Currency, et al.

Filing 98

ORDER signed by Judge John A. Mendez on 8/17/2010 ORDERING 96 The stay previously entered in this case is LIFTED; The Clerk of the Court shall unseal the Answers filed by claimant at docket entries 76 and 78 . Plaintiff is permitted to use any t estimony or documents produced in this civil forfeiture action in any subsequent prosecution for perjury or false statement. This order shall survive the final disposition of this case, and the Court shall retain jurisdiction to resolve any dispute concerning the use of information produced hereunder. (Reader, L)

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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: [phone] Attorneys for Plaintiff United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) ) APPROXIMATELY $1,200,000 IN ) U.S. CURRENCY SEIZED FROM ) FIRST CALIFORNIA BANK ACCT. ) NO. 2005638, ) ) APPROXIMATELY $225,958.84 IN ) U.S. CURRENCY SEIZED FROM ) BANK OF AMERICA ACCT. NO. ) 004653665607, ) ) APPROXIMATELY $177,695.11 IN ) FUNDS CONNECTED TO A TRANSFER) TO THE UNITED STATES OF ) AMERICA FROM BULLIVANT HOUSER) BAILEY, ) ) ) Defendants. ) _____________________________)

2:05-CV­0149 JAM/KJM ORDER LIFTING STAY; UNSEALING ANSWER; AND PROTECTIVE ORDER

Date: August 4, 2010 Time: 9:30 a.m. Courtroom:6

The Court finds as follows: 26 1. 27 of funds seized from the three bank accounts identified in the 28 1 Claimant John Hollis claims to be the owner or trustee

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caption above. 2. Discovery was stayed in this case during an

investigation of insurance fraud involving Tri-Continental Insurance Company and Robert Brown aka Matthew Schacter. 3. The United States Attorney for the Eastern District of

California has advised claimant John Hollis that he has no present intention of prosecuting claimant John Hollis based on the events giving rise to that investigation. 4. The United States has requested that the stay be lifted

so that discovery can resume. 5. In order to permit discovery to proceed in this case

while protecting claimant's interests, the Court finds that a protective order will adequately protects claimant's rights. ACCORDINGLY, IT IS ORDERED THAT: 1. 2. The stay previously entered in this case is lifted. The Clerk of the Court shall unseal the Answers filed

by claimant at docket entries 76 and 78. 3. No testimony or documents John Hollis produces in this

civil forfeiture action, whether by way of discovery responses, deposition testimony, or trial testimony, shall be used by federal, state, or local authorities in connection with any criminal prosecution other than as set forth in Paragraph 8 below. 4. Except as provided in Paragraph 8, Plaintiff shall not

provide discovery documents, discovery responses, or deposition or trial testimony to any federal, state, or local prosecutor for use in a criminal prosecution, and agrees that this material shall be used only for the purposes of the prosecution, defense, 2

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or settlement of this action, and for no other purpose. 5. The material produced in discovery may be reviewed by

paralegal or secretarial staff in the U.S. Attorney's Office or by law enforcement agents (federal, state, or local) solely for purposes of the prosecution, defense, or settlement of this civil forfeiture action, and for no other purpose. 6. Federal, state, and local law enforcement officers may

attend claimants' depositions and the deposition of any witness. 7. Plaintiff is permitted, without further order of this

court, to file claimant's discovery responses or deposition testimony in court as exhibits to a motion such as a motion for summary judgment or motion to compel discovery, provided however that plaintiff will request that said filings be sealed. 8. Plaintiff is permitted to use any testimony or

documents produced in this civil forfeiture action in any subsequent prosecution for perjury or false statement. 9. This order shall survive the final disposition of this

case, and the Court shall retain jurisdiction to resolve any dispute concerning the use of information produced hereunder.

IT IS SO ORDERED. Dated: August 17, 2010 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge

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