United States of America v. Real property located at 105 Three Hills Road, Hayfork, California, APN: 019-530-23-00 et al
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 4/8/13 VACATING pretrial conference and trial dates and SETTING Status Conference for 10/28/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed 14 days prior to the hearing. (Meuleman, 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: (916) 554-2700
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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,
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v.
REAL PROPERTY LOCATED AT 105
THREE HILLS ROAD, HAYFORK,
CALIFORNIA, TRINITY COUNTY,
APN: 019-530-23-00 INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,
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Defendants.
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2:11-CV-02738-GEB-DAD
STIPULATION TO STAY
FURTHER PROCEEDINGS AND
ORDER
The United States and claimants Lapoe Smith and Katherine
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Renee Smith, by and through their respective counsel, hereby
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stipulate that a stay is appropriate in the above-entitled
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action, and request that the Court enter an order staying further
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proceedings for six months until October 4, 2013.
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the proposed stay is the federal criminal action against claimant
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Lapoe Smith, filed April 3, 2013 in the Western District of
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Texas, United States v. Lapoe Smith, Case No. 13-CR-0280.
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federal indictment, Lapoe Smith is charged with one count of
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The basis for
In the
Stipulation to Stay Further
Proceedings and Order
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evading taxes in violation of 26 U.S.C. § 7201, from August 10,
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2005 continuing to May 11, 2011; and four counts of subscribing a
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false tax return in violation of 26 U.S.C. § 7206(1), from April
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2007 to October 2010.
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1.
Each of the claimants have filed claims and answers to
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the defendant properties, (ECF Nos. 5-6, 12), which were sold
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pursuant to an interlocutory sale in March 2013, (ECF No. 23).
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The net sale proceeds were deposited into a U.S. Treasury bank
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account and constitute the substitute res. ECF No. 23.
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2.
The stay is requested pursuant to 18 U.S.C. §§
981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i).
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Claimant Lapoe Smith has been charged with violations
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of federal tax laws, United States v. Lapoe Smith, Case No. 13-
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CR-0280, substantially based on the joint tax return filed on
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behalf of himself and co-claimant Katherine Smith.
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Katherine Smith has not been charged with any federal crimes and
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it is the parties’ understanding that the statute of limitations
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has not expired on potential criminal charges relating to filing
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of the tax returns for the relevant years and/or the alleged tax
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evasion scheme.
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written discovery from claimants regarding their income and tax
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return information, as well as information regarding their
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financial ability to purchase the defendant properties in May
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2010.
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some of them, will be placed in the difficult position of either
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invoking their Fifth Amendment rights against self-incrimination
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or waiving their Fifth Amendment rights and submitting to a
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deposition and potentially incriminating themselves regarding
Claimant
The United States intends to depose and request
If discovery proceeds at this time, these individuals, or
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Stipulation to Stay Further
Proceedings and Order
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their income and ability to purchase the property forming the
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basis of this civil in rem case.
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Amendment rights, the United States will be deprived of the
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ability to explore the factual basis for the claims they filed
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with this court.
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4.
If they invoke their Fifth
Further, claimants intend to depose, among others, the
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agents involved with this investigation, including but not
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limited to the agents with the Internal Revenue Service.
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Allowing depositions of the law enforcement officers at this time
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would adversely affect the ability of the federal authorities to
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prepare for the criminal trial and/or further investigate the
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alleged underlying criminal conduct.
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5.
The parties recognize that proceeding with these
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actions at this time could have potential adverse effects on the
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investigation of the underlying criminal conduct and/or upon the
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claimants' ability to prove their claims to the defendant
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properties and to assert any defenses to forfeiture.
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reasons, the parties jointly request that these matters be stayed
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until October 4, 2013, in accordance with the terms of this
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stipulation.
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the status of the criminal case and will advise the court whether
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a further stay is appropriate.
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6.
For these
At that time the parties will advise the court of
Prior to the federal indictment against claimant Lapoe
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Smith, the United States planned to amend the complaint to
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reflect information learned during depositions taken on March 1,
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2013.
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complaint, based on the above information or otherwise, will be
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addressed by the Court when the stay expires.
The parties agree that any potential amendment to the
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Stipulation to Stay Further
Proceedings and Order
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The United States does not waive a potential challenge
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to each claim based on lack of statutory and/or Article III
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standing.
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lifted under 18 U.S.C. §§ 981(g)(7).
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That issue of standing is preserved until the stay is
For good cause shown, any party to this stipulation may
seek relief from this stay prior to October 4, 2013.
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Dated: 4/5/13
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: 4/5/13
/s/ David M. Michael
DAVID M. MICHAEL
Attorney for claimants
Lapoe Smith and Katherine
Renee Smith
(Authorized by email)
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ORDER
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For the reasons set forth above, this matter is stayed until
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October 4, 2013.
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vacated.
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at 9:00 a.m.
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prior to the hearing.
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The pretrial conference and trial dates are
A status conference is scheduled for October 28, 2013,
A joint status report shall be filed fourteen days
IT IS SO ORDERED.
Dated:
April 8, 2013
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GARLAND E. BURRELL, JR.
Senior United States District Judge
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Stipulation to Stay Further
Proceedings and Order
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