United States of America v. Approximately $6,085.00 in U.S. Currency et al

Filing 30

STIPULATION and ORDER signed by Judge John A. Mendez on 02/25/11 ORDERING this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) 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 January 22, 2009, Order Requiring Joint Status Report. Case stayed. (Williams, D)

-GGH United States of America v. Approximately $6,085.00 in U.S. Currency et al

Doc. 30

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BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys for Plaintiff United States of America

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

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $6,085.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $32,053.00 IN U.S.) CURRENCY, ) ) APPROXIMATELY $555.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $3,900.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $35,261.00 IN U.S.) CURRENCY, and ) ) APPROXIMATELY TWO CASES OF ) SMOKELESS TOBACCO, ) ) Defendants. ) )

2:09-CV-00151 JAM-GGH STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER

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

Plaintiff United States of America, and Claimants Adib Sirope and Rimoun Mansour (hereafter collectively "Claimants"), by and through their respective counsel, hereby stipulate that a stay is necessary in the above-entitled action, and request that

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Stipulation to Stay Further Proceedings and Order [Proposed]

Dockets.Justia.com

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the Court enter an order staying all further proceedings in this civil forfeiture action until the proceedings in the related criminal case, U.S. v. Adib Sirope, et al., 2:10-CR-00258-FCD, have concluded. reasons: 1. Claimants filed a claim to the defendant property on The parties request this stay for the following

February 17, 2009, and filed an Answer to the complaint on March 9, 2009. 2. The stay is requested pursuant to 18 U.S.C. §§ The plaintiff contends that claimants

981(g)(1) and 981(g)(2).

and others conspired to defraud the California Board of Equalization out of excise taxes due on the sale of tobacco products in California. The plaintiff alleges that the U.S. mail

and interstate communications systems were used to perpetrate the fraud. 3. Claimants deny these allegations. The United States intends to depose claimants regarding

their claim to the defendant property, their operation of PayLess Wholesale Tobacco, and their business dealings with others in the tobacco industry. claimants If discovery proceeds at this time,

will be placed in the difficult position of either

invoking their Fifth Amendment rights against self-incrimination and losing the ability to pursue their claim to the defendant property, or waiving their Fifth Amendment right and submitting to a deposition and potentially incriminating themselves. If

either person invokes his Fifth Amendment right, the plaintiff will be deprived of the ability to explore the factual basis for the claims they filed with this court. 4. In addition, claimants intend to depose the law

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Stipulation to Stay Further Proceedings and Order [Proposed]

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enforcement agents involved in this investigation.

Allowing

depositions of the law enforcement officers at this time would adversely affect the ability of the federal government to properly prosecute the case. 5. Accordingly, the parties recognize 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 assert any defenses to forfeiture. For these reasons, the parties jointly

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

related criminal case the parties will submit a joint status report addressing the matters set forth in the January 22, 2009, Order Requiring Joint Status Report. Dated: 2/25/11 BENJAMIN B. WAGNER United States Attorney By /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant U.S. Attorney

Dated: 2/24/11 By

GERAGOS & GERAGOS /s/ Mark J. Geragos MARK J. GERAGOS Attorneys for claimants Adib Sirope and Rimoun Mansour (As authorized by phone) ORDER

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For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until the conclusion of the related criminal case. Within 30 days after

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Stipulation to Stay Further Proceedings and Order [Proposed]

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the criminal case has concluded the parties will submit a joint status report addressing the matters set forth in the January 22, 2009, Order Requiring Joint Status Report. IT IS SO ORDERED. Dated: 2/25/2011 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge

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Stipulation to Stay Further Proceedings and Order [Proposed]