United States of America v. Approximately $5,173.45 in U.S. Currency seized from Wells Fargo Bank Account Number 3444347300

Filing 14

ORDER signed by Judge Morrison C. England, Jr. on 1/18/2012 ORDERING that the 12 order to show cause is VACATED. The parties are directed to file a joint status report not later than 4/17/2012 if this matter is not resolved beforehand. (Zignago, K.)

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

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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APPROXIMATELY $5,173.45 IN U.S. )
CURRENCY SEIZED FROM WELLS FARGO )
BANK ACCOUNT NUMBER 3444347300, )
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Defendant.
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_________________________________)

2:10-MC-00046-MCE-DAD

GOVERNMENT’S RESPONSE TO ORDER
TO SHOW CAUSE RE: DISMISSAL OF
ACTION; RELATED STIPULATION OF
PARTIES; ORDER THEREON

On January 11, 2012, this Court issued an order for the

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Government to show cause why the instant case should not be

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dismissed in light of the lack of a complaint on file.

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Government apologizes to the Court for any inconvenience caused to

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it in this matter, and provides the following status and related

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request.

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The

Claimants Joseph and Doralee Stancil advised the Government

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some time ago that they wished to reach a global resolution of

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criminal and civil issues relating to the seizure of the funds

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that are the subject of this case.

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discussions, there are multiple potential individual defendants
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Complicating those

Response to OSC and Related Stipulation

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and a potential corporate defendant in a related criminal

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investigation.

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potential individual and corporate defendants, the parties’

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efforts in this regard are substantially complete.

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finalize the terms of a global resolution within the next two

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weeks.

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with related criminal charges within approximately the next week,

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and to file in the resulting criminal case and in this case a

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notices of related cases.

Working with counsel for claimants and for the

We expect to

Relatedly, the Government expects to file an Information

The parties hope and expect to have the

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matter in front of the District Court for entry of plea and

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related proceedings within 30 to 60 days.

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the funds that are the subject of this civil matter will be

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transferred by Stancil Enterprises, Inc. to be forfeited as part

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of the criminal case.

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The parties expect that

On that basis, in the interests of proceeding in an efficient

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fashion, the parties request the Court suspend operation of its

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Order to Show Cause for a period of 60 days, with the expectation

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that in the intervening period the civil case will become moot.

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Response to OSC and Related Stipulation

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It is hereby stipulated by and between the United States of

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America and claimants Joseph Stancil and Doralee Stancil

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("claimants"), by and through their respective attorneys, that the

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above factual statements are accurate, and that all parties to

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this civil matter join in the request to suspend the operation of

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the Order to Show Cause for a period of 60 days from the date of

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any such order.

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BENJAMIN B. WAGNER
United States Attorney

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DATE: 1/17/2012

/s/ Jean M. Hobler
JEAN M. HOBLER
Assistant U.S. Attorney

DATE: 1/17/2012

/s/ Donald H. Heller
DONALD H. HELLER
Attorney for Claimants
Joseph and Doralee Stancil
(Original signatures retained by
attorney)

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Response to OSC and Related Stipulation

ORDER

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Given the foregoing stipulation, the Order to Show Cause (ECF
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No. 12) is hereby vacated.

The parties are directed to file a

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joint status report not later than April, 17, 2012 if this matter
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is not resolved beforehand.
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IT IT SO ORDERED.
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Dated: January 18, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Response to OSC and Related Stipulation