USA v. Approximately $50,319.11 seized from 49er Credit Union Bank, held in the names of Gregory S. Baker and Darrell Hinz et al

Filing 18

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 10/15/12 ORDERING this matter is STAYED until 02/01/13. On or before that date, the parties will advise the Court whether a further stay is necessary. (Benson, 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: [phone]

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Attorneys for the United States

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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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2:12-CV-01632-MCE-DAD

v.
APPROXIMATELY $50,319.11 SEIZED
FROM 49ER CREDIT UNION BANK
ACCOUNT NUMBER 1096173, HELD IN
THE NAMES OF GREGORY S. BAKER
AND DARRELL HINZ,

STIPULATION TO STAY
FURTHER PROCEEDINGS AND
ORDER

DOUBLE WIDE MOBILE HOME
TRAILER LOCATED AT 6170 NOB HILL
DRIVE, SPACE 76, NEWCASTLE,
CALIFORNIA, PLACER COUNTY,
DECAL # ABE6629, SERIAL NOS.
S13826XX AND S13826XXU,
2,363 SHARES OF GREATER
SACRAMENTO BANCORP HELD IN THE
NAME OF GREGORY S. BAKER,
2,363 SHARES OF GREATER
SACRAMENTO BANCORP HELD
IN THE NAME OF DARRELL HINZ,
5.0607% INTEREST IN CHINA ROAD,
LLC, HELD IN THE NAME OF
PACIFIC FACILITIES &
DEVELOPMENT, LLC,

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Stipulation to Stay Further
Proceedings and Order

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ANY AND ALL OWNERSHIP INTEREST
IN DOUBLE CREEK RANCH, LLC, HELD
IN THE NAME OF GREGORY BAKER,
ANY AND ALL OWNERSHIP INTEREST
IN DOUBLE CREEK RANCH, LLC, HELD
IN THE NAME OF DARRELL HINZ, AND
51% INTEREST IN EARTHSAVERS
EROSION CONTROL, LLC, HELD IN
THE NAME OF DARRELL HINZ,

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Defendants.

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The United States of America and claimants Gregory Baker, Dawn Baker and
Darrell Hinz, by and through their respective counsel, hereby stipulate that a stay is
appropriate in the above-entitled action, and request that the Court enter an order
staying further proceedings until February 1, 2013. The basis for the proposed stay is
the related criminal action against claimants Gregory Baker and Darrell Hinz, United
States v. Volen, et al., Case No. 2:12-CR-00294-MCE.
1.

Claimants Gregory Baker and Dawn Baker filed claims to the following

assets: 2,363 Shares of Greater Sacramento Bancorp held in the name of Gregory S.
Baker; the Double Wide Mobile Home Trailer located at 6170 Nob Hill Drive, Space
76, Newcastle, California, Placer County, Decal #ABE6629, Serial Nos. S13826XX and
S13826XXU; and Gregory Baker’s ownership interest in Double Creek Ranch, LLC.
Claimant Dawn Baker’s claim is based on her community property interest in the
above properties.
2.

Claimant Darrell Hinz filed claims to the following assets: 2,363 Shares

of Greater Sacramento Bancorp held in the name of Darrell Hinz; an ownership
interest in Double Creek Ranch, LLC held in the name of Darrell Hinz; 51% interest in
Earthsavers Erosion Control, LLC; 5.0607% interest in China Road, LLC, held in the
name of Pacific Facilities & Development, LLC; and $50,319.11 in U.S. Currency
seized from 49er Credit Union Bank Account number 1096173.

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2

Stipulation to Stay Further
Proceedings and Order

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3.

The claimants will file their respective Answers within twenty-one days of

the lifting of the stay.

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4.

No other claimants have appeared in this action.

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The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21

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U.S.C. § 881(i).

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6.

To date, three individuals have been charged with federal criminal crimes

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related to a fraud against the United Auburn Indian Community of Auburn, California,

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United States v. Volen, et al., Case No. 2:12-CR-00294-MCE. It is the United States'

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position that the statute of limitations has not expired on potential criminal charges

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relating to the fraud. The United States intends to depose those charged with crimes

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connected to the fraud. If discovery proceeds at this time, these individuals, or some of

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them, will be placed in the difficult position of either invoking their Fifth Amendment

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rights against self-incrimination or waiving their Fifth Amendment rights and

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submitting to a deposition and potentially incriminating themselves. If they invoke

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their Fifth Amendment rights, the United States will be deprived of the ability to

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explore the factual basis for the claims they filed with this court.

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7.

In addition, claimants intend to depose, among others, the agents

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involved with this investigation, including but not limited to the agents with the

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Internal Revenue Service. Allowing depositions of the law enforcement officers at this

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time would adversely affect the ability of the federal authorities to prepare for the

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criminal trial and/or further investigate the alleged underlying criminal conduct.

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8.

The parties recognize that proceeding with these actions at this time

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could have potential adverse effects on the investigation of the underlying criminal

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conduct and/or upon the claimants' ability to prove their claims to the defendant assets

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and to assert any defenses to forfeiture. For these reasons, the parties jointly request

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that these matters be stayed until February 1, 2013, in accordance with the terms of

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this stipulation. At that time the parties will advise the court of the status of the

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Stipulation to Stay Further
Proceedings and Order

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criminal case and will advise the court whether a further stay is appropriate.

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Respectfully Submitted,

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Dated: 10/5/12

BENJAMIN B. WAGNER
United States Attorney

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By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

Dated: 10/5/12

By:

/s/ Thomas A. Johnson
THOMAS A. JOHNSON
Attorney for Claimants Gregory
Baker and Dawn Baker

Dated: 10/4/12

By:

/s/ William Portanova
WILLIAM PORTANOVA
Attorney for Darrell Hinz

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(Authorized by email)
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ORDER

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For the reasons set forth above, this matter is stayed until February 1, 2013. On

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or before that date, the parties will advise the Court whether a further stay is

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necessary.

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IT IS SO ORDERED.
Dated: October 15, 2012

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

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Stipulation to Stay Further
Proceedings and Order