United States of America v. Approximately $129,707.00 in U.S. Currency et al

Filing 28

ORDER signed by Judge Frank C. Damrell, Jr on 11/23/10: This matter is stayed pursuant to 18 U.S.C. § 981(g)(1) for a period of six months. On or before May 24, 2011, the parties will advise the court whether a further stay is necessary. (Kaminski, H)

United States of America v. Approximately $129,707.00 in U.S. Currency et al

Doc. 28

1 BENJAMIN B. WAGNER

2 KRISTIN S. DOOR, SBN 84307 3 501 I Street, Suite 10-100 4 Telephone:
Sacramento, CA 95814 [phone] Assistant U.S. Attorney

United States Attorney

5 Attorney for Plaintiff 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22
) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $129,707.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $100,700.54 IN MONEY ) ORDERS, ) ) APPROXIMATELY $108,460.00 IN U.S. ) CURRENCY, AND ) ) APPROXIMATELY $251,911.00 IN U.S. ) CURRENCY, ) ) Defendants. ) ) 2:07-CV-00692-FCD/KJM EX PARTE APPLICATION FOR STAY OF FURTHER PROCEEDINGS; ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Plaintiff United States of America applies ex parte to extend

23 the current stay in the above-entitled action, and requests that 24 the Court enter an order staying all further proceedings for a 25 period of six months pending the outcome of a related criminal case 26 pending against claimant Abdurrahman Yousuf.
Yousuf was indicted

27 by a federal grand jury in the Central District of California 28 (United States v. Abdurrahman Yousuf, 10-824 PA) and is scheduled
EX PARTE APPLICATION FOR STAY OF FURTHER PROCEEDINGS; ORDER 1

Dockets.Justia.com

1 to start trial on December 7, 2010. 2
1. Claimants Abdurrahman Yousuf and Khatiza Madha Yousuf,

3 (hereafter referred to collectively as "claimants") are not parties 4 to this stipulation for the following reasons: 5
a. In late 2009 Bryan C. Altman, attorney of record for On November

6 claimants, moved to withdraw as claimants' counsel. 7 25, 2009, this Court denied the motion. 8
b.

On November 23, 2010, undersigned counsel spoke with Mr.

9 Altman who advised her that he has not had any contact with 10 claimants and does not know their current whereabouts. 11
c. Mr. Altman further stated that under these circumstances

12 he does not believe he has authority to consent to a stay. 13 14
d. 2. Plaintiff therefore submits this request ex parte. Each of the claimants has filed a claim to the defendant

15 property and an Answer to the Verified Complaint for Forfeiture In 16 Rem. 17
3. The stay is requested pursuant to 18 U.S.C. § 981(g)(1).

18 The plaintiff contends that Abdurrahman Yousuf and others were 19 involved in a scheme to defraud the California Board of 20 Equalization out of excise taxes due on the sale of tobacco 21 products.
The plaintiff further contends that proceeds of the

22 fraud scheme are traceable to the property that is the subject of 23 this forfeiture action. 24
4. Claimants deny these allegations.

Plaintiff intends to depose claimants regarding their

25 claims, their ownership of a business called "A to Z Cash & Carry," 26 and their involvement in the sale of tobacco products into 27 California.
If discovery proceeds at this time, claimants will be

28 placed in the difficult position of either invoking their Fifth
EX PARTE APPLICATION FOR STAY OF FURTHER PROCEEDINGS; ORDER 2

1 Amendment rights against self-incrimination and losing the ability 2 to pursue their claims to the defendant real property, or waiving 3 their Fifth Amendment right and submitting to a deposition and 4 potentially incriminating themselves.
If they invoke their Fifth

5 Amendment rights, the plaintiff will be deprived of the ability to 6 explore the factual basis for the claims they filed with this 7 court. 8
5. In addition, claimants intend to depose, among others,

9 the agents involved in this investigation, including but not 10 limited to the agents with the Bureau of Alcohol, Tobacco, Firearms 11 & Explosives and the California Board of Equalization.
Allowing

12 depositions of the law enforcement officers at this time would 13 adversely affect the ability of federal authorities to prosecute 14 claimant Yousuf in the Central District of California. 15
6. Plaintiff contends that proceeding with this action at

16 this time has potential adverse affects on the prosecution of the 17 related criminal case and/or upon claimants' ability to prove their 18 claim to the property and assert any defenses to forfeiture.
For

19 these reasons, plaintiff requests that this matter be stayed for 20 six months.
At that time the parties will advise the court of the

21 status of the criminal case and will advise the court whether a 22 further stay is necessary. 23 24 Dated: November 23, 2010 25 26 27 28
By BENJAMIN B. WAGNER United States Attorney /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for Plaintiff United States of America

EX PARTE APPLICATION FOR STAY OF FURTHER PROCEEDINGS; ORDER 3

1 2

ORDER For the reasons set forth above, this matter is stayed On

3 pursuant to 18 U.S.C. § 981(g)(1) for a period of six months.

4 or before May 24, 2011, the parties will advise the court whether a 5 further stay is necessary. 6 IT IS SO ORDERED. 7 Dated: November 23, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
EX PARTE APPLICATION FOR STAY OF FURTHER PROCEEDINGS; ORDER 4

_____________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE