United States of America v. Approximately $152,479.20 seized from Bank of Stockton account number 3350004374 et al

Filing 19

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 6/19/12. All scheduled court dates are vacated; the parties are to notify the court by 9/14/12 of the status of the criminal investigation and/or prosecution; case STAYED. (Manzer, C)

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BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) 2:12-CV-00389-MCE-GGH
)
Plaintiff,
) STIPULATION TO STAY
) PROCEEDINGS AND ORDER
v.
)
)
APPROXIMATELY $152,479.20 SEIZED )
FROM BANK OF STOCKTON
)
ACCOUNT NUMBER 3350004374,
)
HELD IN THE NAME OF MEP I
)
ENTERPRISES, INC.;
)
)
APPROXIMATELY $43,177.58 SEIZED )
FROM BANK OF STOCKTON
)
ACCOUNT NUMBER 1355006253,
)
HELD IN THE NAME OF MEP I
)
ENTERPRISES, INC.;
)
)
APPROXIMATELY $22,876.00 SEIZED )
FROM BANK OF STOCKTON
)
ACCOUNT NUMBER 23000441, HELD )
IN THE NAME OF MARK E. POWELL )
AND CYNDEE L. POWELL TRUST; and,)
)
APPROXIMATELY $12,820.00 SEIZED )
FROM BANK OF STOCKTON
)
ACCOUNT NUMBER 20001426, HELD )
IN THE NAME OF NORTHERN TIRE & )
WHEEL SPECIALTIES,
)
)
Defendants.
)

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///

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UNITED STATES OF AMERICA,

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Stipulation to Stay Proceedings and Order

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The United States of America and Claimants Mark E. Powell, Cyndee L. Powell, and

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Mark E. Powell II, by and through their respective counsel, hereby stipulate that a stay is

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necessary in the above-entitled action and request the Court enter an order staying

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proceedings for approximately 90 days, until Tuesday September 14, 2012, due to an on-

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going criminal investigation into one or more violations of 7 U.S.C. § 2024(b) [Food Stamp

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Fraud], 18 U.S.C. § 641 [Theft of Government Funds], 18 U.S.C. § 1343 [Wire Fraud], 18

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U.S.C. § 371 [Conspiracy to commit the described offenses], 18 U.S.C. §§ 1956(a)(1)(A)(i)

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[Money Laundering] and 1956(a)(1)(B)(i) [Money Laundering], 18 U.S.C. § 1956(h) [Money

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Laundering Conspiracy], 18 U.S.C. § 1957 [Money Laundering] and 31 U.S.C. § 5324(a)(1)

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[Structuring Transactions To Evade Reporting Requirement].

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The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2). The United

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States contends that the defendant assets were proceeds of, involved in, or facilitated the

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above violations.

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A stay is warranted because if discovery proceeds at this time in the civil in rem case,

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Claimants would be entitled to depose, among others, the agents and deputies involved

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with this investigation. Allowing depositions of the law enforcement officers at this stage of

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the criminal investigation could adversely affect the ability of the federal authorities to

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thoroughly investigate and criminally prosecute the above listed violations.

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The parties recognize that proceeding with the civil in rem action at this time could

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have adverse effects on the underlying criminal investigation and/or upon the Claimants'

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ability to prove their claim to the property and to assert any defenses to forfeiture.

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For these reasons, the parties jointly request that these matters be stayed for

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approximately 90 days, until September 14, 2012. On or before September 14, 2012, the

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parties will file a status report to advise the Court of the status of the criminal

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investigation and/or prosecution, and whether a further stay is necessary.

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THEREFORE, the parties to this action stipulate and request as follows:

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Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action be stayed due to the

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Stipulation to Stay Proceedings and Order

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pending criminal investigation;

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2.

All presently scheduled court dates be vacated; and,

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3.

The parties are to promptly notify the Court on or before September 14, 2012,

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regarding the status of the criminal investigation and/or prosecution.

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Respectfully submitted,

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Dated: June 14, 2012

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BENJAMIN B. WAGNER
United States Attorney
_/s/ Heather Mardel Jones
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HEATHER MARDEL JONES
Assistant United States Attorney

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Dated: June 14, 2012

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/s/ Roger Bonakdard
ROGER BONAKDAR
Attorney for Claimants
(Original signature retained by attorney)

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IT IS SO ORDERED.

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Dated: June 19, 2012
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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Stipulation to Stay Proceedings and Order