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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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
APPROXIMATELY $180,534.29 IN U.S.
CURRENCY SEIZED FROM SAFE CREDIT
UNION ACCOUNT NUMBER 342139-00,
AND,

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APPROXIMATELY $10,000.00 IN U.S.
CURRENCY SEIZED FROM SAFE CREDIT
UNION ACCOUNT NUMBER 342139-20,

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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.

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Blue, Jr. and Margaret Chavez-Blue (hereafter “claimants”) submit

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the following stipulation to extend the stay of further proceedings

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in this case.

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pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2) and 21 U.S.C. §

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881(i).

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This action is currently stayed until June 1, 2011,

The parties request that the stay be extended until September

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1, 2011.

The United States contends that the defendant property is

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the proceeds of Miguel Vasquez’s methamphetamine trafficking and is
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Stipulation for Extension of Stay
of Further Proceedings and Order

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therefore forfeitable to the United States.

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son of claimant Margaret Chavez-Blue, and step-son of claimant

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Frank W. Blue, Jr., is the lead defendant in United States v.

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Miguel Vasquez, et al., 2:08-CR-00212 LKK.

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Miguel Vasquez pleaded guilty to conspiracy to distribute and

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possess with intent to distribute methamphetamine, and one count of

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engaging in monetary transactions in property derived from

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“Specified Unlawful Activity” (drug trafficking).

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currently set for July 19, 2011.

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Miguel Vasquez, the

On November 16, 2010,

Sentencing is

The United States intends to depose Miguel Vasquez about his

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involvement in drug trafficking and the source of the currency that

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was seized.

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be placed in the difficult position of either invoking his Fifth

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Amendment right against self-incrimination and losing the ability

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to provide evidence that is relevant to the claims filed by his

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mother and step-father, or waiving that right, testifying at a

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deposition, and potentially incriminating himself in his own

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criminal case.

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If discovery proceeds before sentencing, Vasquez would

In addition, plaintiff intends to depose claimants on many

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issues, including but not limited to their knowledge of Miguel

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Vasquez’ long criminal history, Vasquez’ history of drug

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trafficking, and the source of these funds.

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believes that claimants face a similar problem of either invoking

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their Fifth Amendment rights but losing the ability to provide

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testimony to protect their alleged interest in the defendant

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property, or waiving their Fifth Amendment rights and submitting to

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depositions and potentially incriminating themselves as well.

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Accordingly, plaintiff

If claimants or Vasquez invoke their Fifth Amendment rights,
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Stipulation for Extension of Stay
of Further Proceedings and Order

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the United States will be deprived of the ability to explore the

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factual basis for the claim filed in this action and the defenses

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raised in the Answer.

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In addition, claimants will attempt to depose law enforcement

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officers who were involved in the Miguel Vasquez drug trafficking

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investigation that resulted in the seizure of the defendant

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property.

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affect the ability of the United States to conclude its prosecution

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of Miguel Vasquez.

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Allowing depositions of these officers would adversely

Accordingly, the parties agree that proceeding with this

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action at this time has potential adverse affects on the

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prosecution of the related criminal case and/or upon claimants’

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ability to prove their claim to the property and to contest the

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government's allegations that the property is forfeitable.

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these reasons, the parties request that this matter be stayed until

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For

Stipulation for Extension of Stay
of Further Proceedings and Order

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after Miguel Vasquez is sentenced.

At that time the parties will

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advise the Court whether a further stay is necessary.

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DATED: 5/24/11

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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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)

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ORDER

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For the reasons set forth above, this matter is stayed

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pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. §

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881(i) until September 1, 2011.

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the parties will advise the Court whether a further stay is

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necessary.

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IT IS SO ORDERED.

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On or before September 1, 2011,

Dated: May 26, 2011.

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Stipulation for Extension of Stay
of Further Proceedings and Order