United States of America v. Approximately $180,534.29 in U.S. Currency seized from Safe Credit Union Account Number 342139-00 et al

Filing 31

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 12/1/10 ORDERING that this matter is STAYED until 2/15/11. On or before 2/15/2011 the parties will advise the Court whether a further stay is necessary. (Mena-Sanchez, L)

United States of America v. Approximately $180,534.29 in U.S.... Account Number 342139-00 et al

Doc. 31

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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, CA 95814 Telephone: [phone] Attorney for Plaintiff

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

UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $180,534.29 IN U.S. CURRENCY SEIZED FROM SAFE CREDIT UNION ACCOUNT NUMBER 342139-00, AND, APPROXIMATELY $10,000.00 IN U.S. CURRENCY SEIZED FROM SAFE CREDIT UNION ACCOUNT NUMBER 342139-20, Defendants.

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2:08-cv-02148 LKK-DAD STIPULATION FOR EXTENSION OF STAY OF FURTHER PROCEEDINGS AND ORDER

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

Plaintiff United States of America and claimants Frank W. Blue, Jr. and Margaret Chavez-Blue (hereafter "claimants") submit the following stipulation to extend the stay of further proceedings in this case. This action is currently stayed until November 24,

2010, pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2) and 21 U.S.C. § 881(i). The parties request that the stay be extended until February 15, 2011. The United States contends that the defendant property

is the proceeds of Miguel Vasquez's methamphetamine trafficking and 1 STIPULATION FOR EXTENSION OF STAY OF
FURTHER PROCEEDINGS AND ORDER (PROPOSED)

Dockets.Justia.com

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is therefore forfeitable to the United States.

Miguel Vasquez, the

son of claimant Margaret Chavez-Blue, and step-son of claimant Frank W. Blue, Jr., is the lead defendant in United States v. Miguel Vasquez, et al., 2:08-cr-00212 LKK. On November 16, 2010,

Miguel Vasquez pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine, and one count of engaging in monetary transactions in property derived from "Specified Unlawful Activity" (drug trafficking). currently set for February 1, 2011. The United States intends to depose Miguel Vasquez about his involvement in drug trafficking and the source of the currency that was seized. If discovery proceeds before sentencing, Vasquez would Sentencing is

be placed in the difficult position of either invoking his Fifth Amendment right against self-incrimination and losing the ability to provide evidence that is relevant to the claims filed by his mother and step-father, or waiving that right, testifying at a deposition, and potentially incriminating himself in his own criminal case. In addition, plaintiff intends to depose claimants on many issues, including but not limited to their knowledge of Miguel Vasquez' long criminal history, Vasquez' history of drug trafficking, and the source of these funds. Accordingly, plaintiff

believes that claimants face a similar problem of either invoking their Fifth Amendment rights but losing the ability to provide testimony to protect their alleged interest in the defendant property, or waiving their Fifth Amendment rights and submitting to depositions and potentially incriminating themselves as well. If claimants or Vasquez invoke their Fifth Amendment rights, 2 STIPULATION FOR EXTENSION OF STAY OF
FURTHER PROCEEDINGS AND ORDER (PROPOSED)

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the United States will be deprived of the ability to explore the factual basis for the claim filed in this action and the defenses raised in the Answer. In addition, claimants will attempt to depose law enforcement officers who were involved in the Miguel Vasquez drug trafficking investigation that resulted in the seizure of the defendant property. Allowing depositions of these officers would adversely

affect the ability of the United States to conclude its prosecution of Miguel Vasquez. Accordingly, the parties agree that proceeding with this action at this time has potential adverse affects on the prosecution of the related criminal case and/or upon claimants' ability to prove their claim to the property and to contest the government's allegations that the property is forfeitable. For

these reasons, the parties request that this matter be stayed until after Miguel Vasquez is sentenced. At that time the parties will

advise the Court whether a further stay is necessary.

DATED: November 23, 2010

BENJAMIN B. WAGNER United States Attorney By: /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney

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STIPULATION FOR EXTENSION OF STAY OF FURTHER PROCEEDINGS AND ORDER (PROPOSED)

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DATED: November 23, 2010 /s/ Christopher Haydn-Myer (As authorized on 11/23/10) CHRISTOPHER HAYDN-MYER Attorney for claimants Frank V. Blue and Margaret Chavez Blue

DATED: November 23, 2010

/s/ John Balazs (As authorized on 11/23/10) JOHN BALAZS Attorney for claimants Frank V. Blue and Margaret Chavez Blue ORDER

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) until February 15, 2011. On or before February 15, 2011,

the parties will advise the Court whether a further stay is necessary.

IT IS SO ORDERED. Dated: December 1, 2010.

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STIPULATION FOR EXTENSION OF STAY OF FURTHER PROCEEDINGS AND ORDER (PROPOSED)