United States of America v. Real property located at 12001 Victory Boulevard, North Hollywood, California, Los Angeles County, APN: 2322-007-056

Filing 25

STIPULATION and ORDER 24 for Stay of Further Proceedings signed by Judge John A. Mendez on 8/5/2009. This matter is STAYED for additional 6 mos. On or before 2/1/2010, parties will advise Court whether further stay is necessary. (Marciel, M)

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LAWRENCE G. BROWN United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorney for Plaintiff

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

1 1 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20

) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 12001 ) VICTORY BOULEVARD, NORTH HOLLYWOOD,) CALIFORNIA, LOS ANGELES COUNTY, ) APN: 2322-007-056, INCLUDING ALL ) APPURTENANCES AND IMPROVEMENTS ) THERETO, ) ) Defendant. ) )

2:08-cv-2074 JAM-GGH STIPULATION FOR STAY OF FURTHER PROCEEDINGS AND ORDER

DATE: N/A TIME: N/A COURTROOM:N/A

Plaintiff United States of America, and Claimants Adib Sirope,

2 1 Rimoun Mansour, and Universal Bank, by and through their respective 2 2 counsel, hereby stipulate that a stay is necessary in the above2 3 entitled action, and request that the Court enter an order staying 2 4 all further proceedings for an additional six months pending the 2 5 outcome of a related criminal investigation against claimants Sirope 2 6 and Mansour. 27 28 1. The stay currently in effect expires August 1, 2009.

Claimant Sirope and Mansour filed a claim to the defendant 1

1 property on October 20, 2008, and filed an Answer to the complaint 2 on November 6, 2008. Claimant Universal Bank filed its claim and

3 answer on September 24, 2008. 4 2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) The plaintiff contends that Sirope and Mansour and

5 and 981(g)(2).

6 other conspired to defraud the California Board of Equalization out 7 of excise taxes due on the sale of tobacco products in California. 8 The plaintiff alleges that the U.S. mail and interstate 9 communications systems were used to perpetrate the fraud. Claimants

1 0 Sirope and Mansour deny these allegations, and claimant Universal 1 1 Bank contends it is an innocent owner within the meaning of the 1 2 federal forfeiture statutes. 13 3. To date claimants Sirope and Mansour, the owners of the

1 4 property, have not been charged with any criminal offense by state, 1 5 local, or federal authorities, and the statute of limitations has 1 6 not expired on potential criminal charges relating to the fraud 1 7 scheme. Nevertheless, the plaintiff intends to depose Sirope and

1 8 Mansour regarding their claim to the defendant property, their 1 9 operation of Pay-Less Wholesale Tobacco, and their business dealings 2 0 with others in the tobacco industry. If discovery proceeds at this

2 1 time, Sirope and Mansour will be placed in the difficult position of 2 2 either invoking their Fifth Amendment rights against self2 3 incrimination and losing the ability to pursue their claim to the 2 4 defendant real property, or waiving their Fifth Amendment right and 2 5 submitting to a deposition and potentially incriminating themselves. 2 6 If either person invokes his Fifth Amendment right, the plaintiff 2 7 will be deprived of the ability to explore the factual basis for the 28 2

1 claims they filed with this court. 2 4. In addition, claimants intend to depose the law Allowing

3 enforcement agents involved in this investigation.

4 depositions of the law enforcement officers at this time would 5 adversely affect the ability of federal authorities to investigate 6 the underlying criminal conduct. 7 5. The parties recognize that proceeding with this action at

8 this time has potential adverse affects on the investigation of the 9 underlying criminal conduct and/or upon claimant's ability to prove 1 0 his claim to the property and assert any defenses to forfeiture. 1 1 For these reasons, the parties jointly request that this matter be 1 2 stayed for six months. At that time the parties will advise the

1 3 court of the status of the criminal investigation, if any, and will 1 4 advise the court whether a further stay is necessary. 15 Dated: July 31, 2009 16 17 By 18 19 20 2 1 Dated: August 1, 2009 22 By 23 24 25 2 6 // 2 7 // 28 3 /s/ Shepard S. Kopp SHEPARD S. KOPP Attorneys for claimants Adib Sirope and Rimoun Mansour GERAGOS & GERAGOS /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for Plaintiff United States of America LAWRENCE G. BROWN United States Attorney

1 Dated: August 4, 2009 2 By 3 4 5 6 7 8

HURON LAW GROUP /s/ Jeffrey Huron JEFFREY HURON Attorneys for claimant Universal Bank (Original signatures retained by Plaintiff's counsel) ORDER

For the reasons set forth above, this matter is stayed pursuant

9 to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) for an additional six 1 0 months. On or before February 1, 2010, the parties will advise the

1 1 court whether a further stay is necessary. 12 1 3 IT IS SO ORDERED. 1 4 Dated: 8/5/2009 /s/ John A. Mendez 1 5 ________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE