United States of America v. Approximately $44,200.00 in U.S. Currency et al

Filing 8

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 9/3/14 re: 7 . IT IS ORDERED for the reasons set forth, this matter is STAYED pursuant to 18 USC §§981(g)(1) and 981(g)(2) until 11/12/14, in accordance with the terms of 7 Stipulation. On or before 11/12/14, the parties will advise the court whether a further stay is necessary. (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: [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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UNITED STATES OF AMERICA,

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2:14-CV-01310-MCE-AC

Plaintiff,

STIPULATION AND ORDER
TO STAY FURTHER PROCEEDINGS

v.

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APPROXIMATELY $44,200.00 IN U.S. CURRENCY,

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APPROXIMATELY $3,439.00 IN U.S. CURRENCY,

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APPROXIMATELY $7,777.50 SEIZED FROM
CITIBANK CHECKING ACCOUNT NUMBER
40032719714, HELD IN THE NAME OF TIMNESHA
WILSON,

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DATE:
N/A
TIME:
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COURTROOM:

N/A

APPROXIMATELY $6,001.78 SEIZED FROM
CITIBANK CERTIFICATE OF DEPOSIT NUMBER
40070506684, HELD IN THE NAME OF TIMNESHA
WILSON,
APPROXIMATELY $2,460.04 SEIZED FROM
CITIBANK SAVINGS ACCOUNT NUMBER
40032719722, HELD IN THE NAME OF TIMNESHA
WILSON,
APPROXIMATELY $5,066.14 SEIZED FROM
WELLS FARGO BANK CHECKING ACCOUNT
NUMBER 6916473629, HELD IN THE NAME OF
TIMNESHA WILSON,
APPROXIMATELY $3,001.70 SEIZED FROM
PATELCO CREDIT UNION SAVINGS ACCOUNT
NUMBER 591825-00, HELD IN THE NAME OF
TIMNESHA WILSON,
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Stipulation and Order for a Stay of
Further Proceedings

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APPROXIMATELY $2,203.98 SEIZED FROM
PATELCO CREDIT UNION CHECKING ACCOUNT
NUMBER 591825-11, HELD IN THE NAME OF
TIMNESHA WILSON, and

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MISCELLANEOUS JEWELRY,

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Defendants.

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The United States and claimant Jermila McCoy (“claimant”) hereby stipulate that a stay is

7 necessary in the above-entitled action, and request that the Court enter an order staying all further
8 proceedings due to an on-going related criminal investigation against claimant.
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1.

Claimant has filed a claim in this in rem forfeiture action, asserting she has an interest, in

10 whole or in part, and directly, on behalf of, and/or as custodian, for each of the defendant assets in this
11 action. ECF No. 6.
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2.

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

13 States contends that the defendant assets were involved in or traceable to, violations of federal law, 18
14 U.S.C. § 1028(a)(7) (Fraud and related activity in connection with identification documents,
15 authentication features, and information) and 18 U.S.C. § 1341 (mail fraud). Claimant denies these
16 allegations.
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3.

To date no one has been charged with any criminal offense by state, local, or federal

18 authorities, and it is the United States’ position that the statute of limitations has not expired on potential
19 criminal charges relating to the fraud scheme. Nevertheless, the United States intends to depose
20 claimant McCoy regarding her claim and the allegations as set forth in the complaint. If discovery
21 proceeds at this time, claimant will be placed in the difficult position of either invoking her Fifth
22 Amendment rights against self-incrimination and losing the ability to pursue her claim to the defendant
23 assets, or waiving her Fifth Amendment rights and submitting to a deposition and potentially
24 incriminating herself. If she invokes her Fifth Amendment rights, the United States will be deprived of
25 the ability to explore the factual basis for the claim she filed with this court.
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4.

In addition, claimant intends to depose, among others, law enforcement involved with

27 this investigation, including but not limited to, the inspectors with the U.S. Postal Inspection Service.
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Stipulation and Order for a Stay of
Further Proceedings

1 Allowing depositions of the law enforcement officers at this time would adversely impact the ability of
2 the federal authorities to investigate the alleged underlying criminal conduct.
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5.

The parties recognize that proceeding with this action at this time has potential adverse

4 effects on the investigation of the underlying criminal conduct and/or upon the claimant’s ability to
5 assert any defenses to forfeiture. For these reasons, the parties jointly request that these matters be
6 stayed until November 12, 2014, in accordance with the terms of this stipulation. At that time the
7 parties will advise the court of the status of the criminal investigation, if any, and will advise the court
8 whether a further stay is necessary.
9 Dated: 8/15/14

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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/s/ Scott A. Sugarman
SCOTT A. SUGARMAN
Attorney for claimant Jermila McCoy

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(Authorized by email)

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ORDER
For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and
981(g)(2) until November 12, 2014, in accordance with the terms of this stipulation. On or before
November 12, 2014, the parties will advise the court whether a further stay is necessary.
IT IS SO ORDERED

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23 Dated: September 3, 2014
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Stipulation and Order for a Stay of
Further Proceedings