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 37

STIPULATION and ORDER 36 , signed by Senior Judge Lawrence K. Karlton on 5/26/11, ORDERING that this matter is STAYED until 9/1/11. On or before 9/1/11, the parties are to advise the Court whether a further stay is necessary. (Kastilahn, A)

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1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 Attorneys for the United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 Plaintiff, v. APPROXIMATELY $180,534.29 IN U.S. CURRENCY SEIZED FROM SAFE CREDIT UNION ACCOUNT NUMBER 342139-00, AND, 16 17 APPROXIMATELY $10,000.00 IN U.S. CURRENCY SEIZED FROM SAFE CREDIT UNION ACCOUNT NUMBER 342139-20, 18 Defendants. 19 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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. 21 Blue, Jr. and Margaret Chavez-Blue (hereafter “claimants”) submit 22 the following stipulation to extend the stay of further proceedings 23 in this case. 24 pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2) and 21 U.S.C. § 25 881(i). 26 This action is currently stayed until June 1, 2011, The parties request that the stay be extended until September 27 1, 2011. The United States contends that the defendant property is 28 the proceeds of Miguel Vasquez’s methamphetamine trafficking and is 1 Stipulation for Extension of Stay of Further Proceedings and Order 1 therefore forfeitable to the United States. 2 son of claimant Margaret Chavez-Blue, and step-son of claimant 3 Frank W. Blue, Jr., is the lead defendant in United States v. 4 Miguel Vasquez, et al., 2:08-CR-00212 LKK. 5 Miguel Vasquez pleaded guilty to conspiracy to distribute and 6 possess with intent to distribute methamphetamine, and one count of 7 engaging in monetary transactions in property derived from 8 “Specified Unlawful Activity” (drug trafficking). 9 currently set for July 19, 2011. 10 Miguel Vasquez, the On November 16, 2010, Sentencing is The United States intends to depose Miguel Vasquez about his 11 involvement in drug trafficking and the source of the currency that 12 was seized. 13 be placed in the difficult position of either invoking his Fifth 14 Amendment right against self-incrimination and losing the ability 15 to provide evidence that is relevant to the claims filed by his 16 mother and step-father, or waiving that right, testifying at a 17 deposition, and potentially incriminating himself in his own 18 criminal case. 19 If discovery proceeds before sentencing, Vasquez would In addition, plaintiff intends to depose claimants on many 20 issues, including but not limited to their knowledge of Miguel 21 Vasquez’ long criminal history, Vasquez’ history of drug 22 trafficking, and the source of these funds. 23 believes that claimants face a similar problem of either invoking 24 their Fifth Amendment rights but losing the ability to provide 25 testimony to protect their alleged interest in the defendant 26 property, or waiving their Fifth Amendment rights and submitting to 27 depositions and potentially incriminating themselves as well. 28 Accordingly, plaintiff If claimants or Vasquez invoke their Fifth Amendment rights, 2 Stipulation for Extension of Stay of Further Proceedings and Order 1 the United States will be deprived of the ability to explore the 2 factual basis for the claim filed in this action and the defenses 3 raised in the Answer. 4 In addition, claimants will attempt to depose law enforcement 5 officers who were involved in the Miguel Vasquez drug trafficking 6 investigation that resulted in the seizure of the defendant 7 property. 8 affect the ability of the United States to conclude its prosecution 9 of Miguel Vasquez. 10 Allowing depositions of these officers would adversely Accordingly, the parties agree that proceeding with this 11 action at this time has potential adverse affects on the 12 prosecution of the related criminal case and/or upon claimants’ 13 ability to prove their claim to the property and to contest the 14 government's allegations that the property is forfeitable. 15 these reasons, the parties request that this matter be stayed until 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3 For Stipulation for Extension of Stay of Further Proceedings and Order 1 after Miguel Vasquez is sentenced. At that time the parties will 2 advise the Court whether a further stay is necessary. 3 DATED: 5/24/11 BENJAMIN B. WAGNER United States Attorney 4 5 By: 6 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 DATED: 5/24/11 /s/ Christopher Haydn-Myer CHRISTOPHER HAYDN-MYER Attorney for claimant Frank V. Blue (Original signature retained by attorney) DATED: 5/24/11 /s/ John Balazs JOHN BALAZS Attorney for claimant Margaret Chavez Blue (As authorized by email) 9 10 11 12 13 14 15 16 ORDER 17 18 For the reasons set forth above, this matter is stayed 19 pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 20 881(i) until September 1, 2011. 21 the parties will advise the Court whether a further stay is 22 necessary. 23 IT IS SO ORDERED. 24 On or before September 1, 2011, Dated: May 26, 2011. 25 26 27 28 4 Stipulation for Extension of Stay of Further Proceedings and Order

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