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

Filing 16

STIPULATION and ORDER signed by Judge Morrison C. England, Jr., on 1/25/12, ORDERING that the Order to Show Cause (docket #12) is SUSPENDED for 60 days. (Kastilahn, A)

1
2
3
4

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

5
6
7
8

IN THE UNITED STATES DISTRICT COURT FOR THE

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

UNITED STATES OF AMERICA,

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

2:10-MC-00046-MCE-DAD

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

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

18
19

Government to show cause why the instant case should not be

20

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

21

Government apologizes to the Court for any inconvenience caused to

22

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

23

request.

The

Claimants Joseph and Doralee Stancil advised the Government

24
25

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

26

criminal and civil issues relating to the seizure of the funds

27

that are the subject of this case.

28

///
1

Response to OSC and Related Stipulation

1

Complicating those discussions, there are multiple potential

2

individual defendants and a potential corporate defendant in a

3

related criminal investigation.

4

claimants and for the potential individual and corporate

5

defendants, the parties’ efforts in this regard are substantially

6

complete.

7

within the next two weeks.

8

file an Information with related criminal charges within

9

approximately the next week, and to file in the resulting criminal

Working with counsel for

We expect to finalize the terms of a global resolution
Relatedly, the Government expects to

10

case and in this case a notices of related cases.

11

hope and expect to have the matter in front of the District Court

12

for entry of plea and related proceedings within 30 to 60 days.

13

The parties expect that the funds that are the subject of this

14

civil matter will be transferred by Stancil Enterprises, Inc. to

15

be forfeited as part of the criminal case.

16

The parties

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

17

fashion, the parties request the Court suspend operation of its

18

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

19

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

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
2

Response to OSC and Related Stipulation

1

It is hereby stipulated by and between the United States of

2

America and claimants Joseph Stancil and Doralee Stancil

3

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

4

above factual statements are accurate, and that all parties to

5

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

6

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

7

any such order.

8
9

BENJAMIN B. WAGNER
United States Attorney

10
11
12

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)

13
14
15
16
17
18
19
20
21

IT IS SO ORDERED.
Dated: January 25, 2012

22
23

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

24
25
26
27
28
3

Response to OSC and Related Stipulation