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

Filing 26

ORDER signed by District Judge Morrison C. England, Jr. on 1/4/2017 ORDERING that this matter is STAYED until 3/24/2017. On or before 3/17/2017, the parties will advise the court whether a further stay is necessary. (Zignago, K.)

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PHILLIP A. TALBERT
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,
v.

2:14-cv-02586-MCE-DB
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 that a stay is

19 necessary in the above-entitled action, and request that the Court enter an order staying all further
20 proceedings due to an on-going related criminal case against claimant Christian Dapaah in Stanislaus
21 County Superior Court People v. Christian William Dapaah, Case Number 1469889. A Preliminary
22 Hearing is presently scheduled for January 26, 2017.
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1.

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

24 rightful owner of the defendant property in this action. ECF No. 6.
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The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2). The United

26 States contends that the defendant currency was derived from or was intended to be used in a violation
27 of federal law, 21 U.S.C. § 841, et seq. (manufacture, distribute, or dispense, or possess with intent to
28 manufacture, distribute, or dispense, a controlled substance). Claimant denies these allegations.
Stipulation and Order to Stay Further Proceedings
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The United States intends to depose claimant Dapaah regarding his claim and the

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

9 this and other investigations. Allowing depositions of the law enforcement officers at this time would
10 adversely impact the ability of such law enforcement officers to prosecute the alleged underlying
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The parties recognize that proceeding with this action at this time would have potential

13 adverse effects on the criminal case and/or upon the claimant’s ability to assert any defenses to
14 forfeiture. For these reasons, and because the parties are attempting to settle the civil forfeiture case,
15 the parties jointly request that these matters be stayed until March 24, 2017, in accordance with the
16 terms of this stipulation.
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At that time the parties will advise the court of the status of the criminal investigation

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Respectfully submitted,

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PHILLIP A. TALBERT
United States Attorney

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By:

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

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25 Dated: December 22, 2016
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/s/ Austin Thompson
AUSTIN THOMPSON
GARCIA, SCHNAYERSON & THOMPSON
Attorney for Claimant Christian Dapaah
(as authorized by email 12/22/2016)

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Stipulation and Order to Stay Further Proceedings

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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. §§ 981(g)(1) and

4 981(g)(2) until March 24, 2017, in accordance with the terms of this stipulation. On or before March
5 17, 2017, the parties will advise the court whether a further stay is necessary.
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IT IS SO ORDERED.

7 Dated: January 4, 2017
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Stipulation and Order to Stay Further Proceedings