United States of America v. Approximately $30,670.00 in U.S. Currency

Filing 21

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/29/16 ORDERING that this matter is stayed until 12/28/2016. On or before 12/21/2016, the parties will advise the court whether a further stay is necessary. (Kastilahn, A)

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PHILLIP A. TALBERT
Acting United States Attorney
JEFFREY A. SPIVAK
Assistant U. S. Attorney
2500 Tulare Street, Suite 4401
Fresno, CA 93721
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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Plaintiff,

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v.

2:14-cv-02586-MCE
STIPULATION AND ORDER TO
STAY FURTHER PROCEEDINGS

APPROXIMATELY $30,670.00 IN U.S.
CURRENCY,
Defendant.

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The United States and claimant Christian Dapaah (“claimant”) hereby stipulate

19 that a stay is necessary in the above-entitled action, and request that the Court enter an
20 order staying all further proceedings due to an on-going related criminal case against
21 claimant Christian Dapaah in Stanislaus County Superior Court People v. Christian
22 William Dapaah, Case Number 1469889. A Preliminary Hearing is presently scheduled
23 for July 1, 2016.
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1.

Claimant has filed a claim in this in rem forfeiture action, asserting he is the

25 legal and rightful owner of the defendant property in this 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

27 United States contends that the defendant currency was derived from or was intended to
28 be used in a violation of federal law, 21 U.S.C. § 841, et seq. (manufacture, distribute, or
Stipulation and Order to Stay Further
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Proceedings

1 dispense, or possess with intent to manufacture, distribute, or dispense, a controlled
2 substance). Claimant denies these allegations.
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The United States intends to depose claimant Dapaah regarding his claim

4 and the allegations as set forth in the complaint. If discovery proceeds at this time,
5 claimant will be placed in the difficult position of either invoking his Fifth Amendment
6 rights against self-incrimination and losing the ability to pursue his claim to the
7 Defendant Currency, or waiving his Fifth Amendment rights and submitting to a
8 deposition and potentially incriminating himself. If he invokes his Fifth Amendment
9 rights, the United States will be deprived of the ability to explore the factual basis for the
10 claim he filed with this court.
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4.

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

12 involved with this and other investigations. Allowing depositions of the law enforcement
13 officers at this time would adversely impact the ability of such law enforcement officers to
14 investigate the alleged underlying criminal conduct.
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5.

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

16 potential adverse effects on the criminal case and/or upon the claimant’s ability to assert
17 any defenses to forfeiture. For these reasons, and because the parties are attempting to
18 settle the civil forfeiture case, the parties jointly request that these matters be stayed
19 until December 28, 2016, in accordance with the terms of this stipulation.
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At that time the parties will advise the court of the status of the criminal

21 investigation and will advise the court whether a further stay is necessary.
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Respectfully submitted,

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PHILLIP A. TALBERT
Acting United States Attorney

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By:

/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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Stipulation and Order to Stay Further
Proceedings

1 Dated: June 23, 2016
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/s/ Philip A. Schnayerson for Austin Thompson

AUSTIN THOMPSON
GARCIA, SCHNAYERSON & THOMPSON
Attorney for Claimant Christian Dapaah
(Authorized by email on 6/23/16)

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ORDER

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For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§

6 981(g)(1) and 981(g)(2) until December 28, 2016, in accordance with the terms of this
7 stipulation. On or before December 21. 2016, the parties will advise the court whether a
8 further stay is necessary.
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IT IS SO ORDERED.

10 Dated: June 29, 2016
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Stipulation and Order to Stay Further
Proceedings