United States of America v. Real Property located at 7520 Muirfield Way, Sacramento, California et al

Filing 18

ORDER signed by Judge Garland E. Burrell, Jr on 2/13/15 ORDERING that For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g) (1), 981(g)(2), and 21 U.S.C. § 881(i) until May 12, 2015, at which time the parties will advise the Court whether a further stay is necessary.(Dillon, M)

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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-02941-GEB-DAD

Plaintiff,
v.

STIPULATION TO STAY FURTHER
PROCEEDINGS AND ORDER

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REAL PROPERTY LOCATED AT 7520
MUIRFIELD WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 048-0270-043-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

DATE:
TIME:
COURTROOM:

N/A
N/A
N/A

REAL PROPERTY LOCATED AT 7455
WILLOWWICK WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 047-0265-009-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO,

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REAL PROPERTY LOCATED AT 2381
22 KENWORTHY WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY,
23 APN: 053-0021-010-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
24 THERETO, and
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REAL PROPERTY LOCATED AT 1724 S
STREET, SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 009-0096008-0000, INCLUDING ALL

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Stipulation for a Stay of Further Proceedings

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APPURTENANCES AND IMPROVEMENTS
THERETO,

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Defendants.
The United States and Claimants Ashley Chang, Robert Chomentowski and LC Equity Group,

4 Inc. (“claimants”) hereby stipulate that a stay is necessary in the above-entitled action, and request that
5 the Court enter an order staying all further proceedings until May 12, 2015.
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Claimants have filed claims in this in rem forfeiture action, asserting they have an interest

7 in the defendant assets. ECF Nos. 12, 13 and 14. Answers will not be required until the stay
8 contemplated by this stipulation expires.
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The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. §

10 881(i). The United States contends that the defendant assets were money furnished and intended to be
11 furnished in exchange for a controlled substance or listed chemical, constituted proceeds traceable to
12 such an exchange, and was used and intended to be used to commit or facilitate a violation of 21 U.S.C.
13 §§ 841. Claimant Chang denies these allegations.
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3.

Claimant Ashley Chang has been charged with federal crimes related to drug trafficking

15 related to the defendant assets, United States. v. Guo Neng Ma and Ashley Chang, 2:14-CR-0033016 GEB. It is the United States’ position that the statute of limitations has not expired on potential criminal
17 charges relating to the drug trafficking involving the defendant assets. Nevertheless, the United States
18 intends to depose the claimant regarding her ownership of the defendant assets, as well as her
19 knowledge of the marijuana trafficking. If discovery proceeds at this time, claimant Chang will be
20 placed in the difficult position of either invoking her Fifth Amendment rights against self-incrimination
21 and losing the ability to pursue her claim to the defendant assets, or waiving her Fifth Amendment rights

22 and submitting to a deposition and potentially incriminating herself. If she invokes her Fifth
23 Amendment rights, the United States will be deprived of the ability to explore the factual basis for the
24 claim she filed with this court.
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In addition, the claimant intends to depose, among others, the agents involved with this

26 investigation, including but not limited to, the agents with the Drug Enforcement Administration.
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Stipulation for a Stay of Further Proceedings

1 Allowing depositions of the law enforcement officers at this time would adversely impact the federal
2 prosecution.
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The parties recognize that proceeding with these actions 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 the matter be stayed
6 until May 12, 2015, in accordance with the terms of this stipulation. At that time the parties will advise
7 the court of the status of the criminal case and will advise the court whether a further stay is necessary.
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9 Dated:

2/11/15

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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2/11/15

/s/ Timothy Zindel
TIMOTHY ZINDEL
Attorney for Claimant Ashley Chang
(Authorized via email 2/11/15)

2/12/15

/s/ Richard J. Reynolds
RICHARD J. REYNOLDS
Attorney for Claimants
Robert Chomentowski and LC Equity Group, Inc.
(Authorized via email 2/12/15)

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Stipulation for a Stay of Further Proceedings

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ORDER
For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1),

3 981(g)(2), and 21 U.S.C. § 881(i) until May 12, 2015, at which time the parties will advise the Court
4 whether a further stay is necessary.
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IT IS SO ORDERED.

6 Dated: February 13, 2015
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Stipulation for a Stay of Further Proceedings