United States of America v. Approximately $23,032.07 in U.S. Currency seized from Bank of America Account No. 03842-03399 et al

Filing 31

STIPULATION and ORDER TO STAY FURTHER PROCEEDINGS signed by Judge John A. Mendez on 1/25/11. This matter is STAYED until the conclusion of the related criminal case. Within 30 days after the criminal case has concluded the parties will submit a joint status report addressing the matters set forth in the 11/17/08, Order Requiring Joint Status Report.(Mena-Sanchez, L)

-GGH USA v. Approximately $23,032.07 in U.S. Currency seized fro...ount No. 03842-03399, et al

Doc. 31

1 BENJAMIN B. WAGNER
United States Attorney

2 KELLI L. TAYLOR
Assistant U.S. Attorney

3 501 I Street, Suite 10-100
Sacramento, CA 95814

4 Telephone: [phone] Attorneys for Plaintiff
United States of America

6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $23,032.07 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) AMERICA ACCOUNT NO. 03842-03399, ) HELD IN THE NAME OF PAY-LESS ) WHOLESALE, ) ) APPROXIMATELY 135,455 CIGARS, ) (SMOKEABLE OTP) IN PACKS OF 5, 10, ) AND 20 RECOVERED FROM PAY-LESS ) WHOLESALE, ) ) APPROXIMATELY 2,297 CIGARS ) (SMOKEABLE OTP) IN PACKS OF 50 ) RECOVERED FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 151 CIGARS ) (SMOKEABLE OTP) IN PACKS OF 240 ) RECOVERED FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 326,942 INDIVIDUAL ) CIGARS (SMOKEABLE OTP) RECOVERED ) FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 57 CASES OF ) SMOKEABLE OTP RECOVERED FROM ) PAY-LESS WHOLESALE, ) ) APPROXIMATELY 4,952 BOXES OF ) SMOKEABLE OTP RECOVERED FROM ) 1 2:08-CV-02753 JAM-GGH STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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

Stipulation to Stay Further Proceedings and Order [Proposed]

Dockets.Justia.com

1 PAY-LESS WHOLESALE, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

) ) APPROXIMATELY 11,584 CANS OF ) SMOKEABLE OTP RECOVERED FROM ) PAY-LESS WHOLESALE, ) ) APPROXIMATELY 6,914 TUBS OF ) SMOKEABLE OTP RECOVERED FROM ) PAY-LESS WHOLESALE, ) ) APPROXIMATELY 15,141 UNITS OF ) SMOKEABLE OTP IN PACKS OF 5, 10, ) AND 20 RECOVERED FROM PAY-LESS ) WHOLESALE, ) ) APPROXIMATELY 136,221 BAGS/POUCHES ) OF SMOKEABLE OTP RECOVERED FROM ) PAY-LESS WHOLESALE, ) ) APPROXIMATELY 855 CASES ) (CONTAINING APPROXIMATELY 10,608 ) UNITS) OF AL FAKHER TOBACCO ) SMOKEABLE OTP EVIDENCE RECOVERED ) FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 272 CASES ) (CONTAINING APPROXIMATELY 6,676 ) UNITS) OF AL WAHA MOLASSES TOBACCO ) SMOKEABLE OTP EVIDENCE RECOVERED ) FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 995 CASES ) (CONTAINING APPROXIMATELY 46,112 ) UNITS) OF EVA MODSAL TOBACCO ) SMOKEABLE OTP EVIDENCE RECOVERED ) FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 420 CASES ) (CONTAINING APPROXIMATELY 5,040 ) UNITS) OF JAWATTER TOBACCO ) SMOKEABLE OTP EVIDENCE RECOVERED ) FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 1,473 CASES ) (CONTAINING APPROXIMATELY 16,674 ) UNITS) OF LAYALINA TOBACCO ) SMOKEABLE OTP EVIDENCE RECOVERED ) FROM PAY-LESS WHOLESALE, ) ) APPROXIMATELY 352 UNITS OF ) MISCELLANEOUS SMOKEABLE OTP ) EVIDENCE RECOVERED FROM PAY-LESS ) WHOLESALE, ) ) APPROXIMATELY 2,124 CASES ) 2

Stipulation to Stay Further Proceedings and Order [Proposed]

1 (CONTAINING APPROXIMATELY 14,740 2 3
APPROXIMATELY 640 CASES UNITS) OF MOLASSES TOBACCO SMOKEABLE OTP EVIDENCE RECOVERED FROM PAY-LESS WHOLESALE,

4 (CONTAINING APPROXIMATELY 19,884
UNITS) OF PRIME TIME CIGARS

5 SMOKEABLE OTP EVIDENCE RECOVERED
FROM PAY-LESS WHOLESALE,

6
APPROXIMATELY 113 CASES

7 (CONTAINING APPROXIMATELY 5,112
UNITS) OF ERIK CIGARS SMOKEABLE

8 OTP EVIDENCE RECOVERED FROM
PAY-LESS WHOLESALE,

9
APPROXIMATELY 11 CASES

10 (CONTAINING APPROXIMATELY 440
UNITS) OF HAV-A-TAMPA JEWLS

11 CIGARS SMOKEABLE OTP EVIDENCE
RECOVERED FROM PAY-LESS

12 WHOLESALE, 13 APPROXIMATELY 5,906 POUCHES OF
MOLASSES SMOKEABLE OTP EVIDENCE

14 RECOVERED FROM PAY-LESS
WHOLESALE,

15
APPROXIMATELY 1,200 PACKS OF

16 PHILLIES CIGARILLOS SMOKEABLE
OTP EVIDENCE RECOVERED FROM

17 PAY-LESS WHOLESALE, 18 19 20
Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Plaintiff United States of America, and Claimants Adib Sirope

21 and Rimoun Mansour (hereafter collectively "Claimants"), by and 22 through their respective counsel, hereby stipulate that a stay is 23 necessary in the above-entitled action, and request that the Court 24 enter an order staying all further proceedings in this civil 25 forfeiture action until the proceedings in the related criminal 26 case, U.S. v. Adib Sirope, et al., 2:10-CR-00258-FCD, have 27 concluded. 28 reasons:
3
Stipulation to Stay Further Proceedings and Order [Proposed]

The parties request this stay for the following

1

1.

Claimants filed a claim to the defendant property on

2 December 30, 2008, and filed an Answer to the complaint on January 3 13, 2009. 4
2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) The plaintiff contends that claimants and others

5 and 981(g)(2).

6 conspired to defraud the California Board of Equalization out of 7 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. 10 Claimants deny these allegations. 11
3. The United States intends to depose claimants regarding

12 their claim to the defendant property, their operation of Pay-Less 13 Wholesale Tobacco, and their business dealings with others in the 14 tobacco industry.
If discovery proceeds at this time, claimants

15 will be placed in the difficult position of either invoking their 16 Fifth Amendment rights against self-incrimination and losing the 17 ability to pursue their claim to the defendant property, or waiving 18 their Fifth Amendment right and submitting to a deposition and 19 potentially incriminating themselves.
If either person invokes his

20 Fifth Amendment right, the plaintiff will be deprived of the 21 ability to explore the factual basis for the claims they filed with 22 this court. 23
4. In addition, claimants intend to depose the law Allowing

24 enforcement agents involved in this investigation.

25 depositions of the law enforcement officers at this time would 26 adversely affect the ability of the federal government to properly 27 prosecute the case. 28
4
Stipulation to Stay Further Proceedings and Order [Proposed]

1

5.

Accordingly, the parties recognize that proceeding with

2 this action at this time has potential adverse affects on the 3 prosecution of the related-criminal case and/or upon claimants' 4 ability to prove their claim to the property and assert any 5 defenses to forfeiture.
For these reasons, the parties jointly

6 request that this matter be stayed until the related criminal case 7 has concluded.
Within 30 days after the conclusion of the related

8 criminal case the parties will submit a joint status report 9 addressing the matters set forth in the November 17, 2008, Order 10 Requiring Joint Status Report. 11 Dated: 2/25/11 12 13 14 15 16 Dated: 2/24/11 17
By GERAGOS & GERAGOS /s/ Mark J. Geragos MARK J. GERAGOS Attorneys for claimants Adib Sirope and Rimoun Mansour (As authorized by phone) By /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant U.S. Attorney BENJAMIN B. WAGNER United States Attorney

18 19 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///

5

Stipulation to Stay Further Proceedings and Order [Proposed]

1 2

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

3 pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until the 4 conclusion of the related criminal case.
Within 30 days after the

5 criminal case has concluded the parties will submit a joint status 6 report addressing the matters set forth in the November 17, 2008, 7 Order Requiring Joint Status Report. 8
IT IS SO ORDERED. /s/ John A. Mendez JOHN A. MENDEZ United States District Judge

9 Dated: 2/25/2011 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
6
Stipulation to Stay Further Proceedings and Order [Proposed]