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

Filing 22

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 4/17/2015 ORDERING that this matter is STAYED and all further proceedings are taken off calendar until 7/13/2015, at which time the parties will advise the Court whether a further stay is necessary. (Zignago, K.)

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4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 Plaintiff, v. STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER REAL PROPERTY LOCATED AT 7520 MUIRFIELD WAY, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN: 048-0270-043-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 16 17 18 19 20 21 22 2:14-CV-02941-GEB-DAD 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, REAL PROPERTY LOCATED AT 2381 KENWORTHY WAY, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN: 053-0021-010-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, and 23 24 25 26 27 REAL PROPERTY LOCATED AT 1724 S STREET, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN: 009-0096008-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendants. 28 1 29 Stipulation for a Stay of Further Proceedings 1 The United States and Claimants Ashley Chang, Robert Chomentowski and LC Equity Group, 2 Inc. (“claimants”) hereby stipulate that a stay is necessary in the above-entitled action, and request that 3 the Court enter an order staying all further proceedings until July 13, 2015. 4 1. Claimants have filed claims in this in rem forfeiture action, asserting they have an 5 interest in the defendant assets. ECF Nos. 12, 13 and 14. Answers will not be required until the stay 6 contemplated by this stipulation expires. 7 2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 8 881(i). The United States contends that the defendant assets were money furnished and intended to be 9 furnished in exchange for a controlled substance or listed chemical, constituted proceeds traceable to 10 such an exchange, and was used and intended to be used to commit or facilitate a violation of 21 U.S.C. 11 §§ 841. Claimant Chang denies these allegations. 12 3. Claimant Ashley Chang has been charged with federal crimes related to drug trafficking 13 related to the defendant assets, United States. v. Guo Neng Ma and Ashley Chang, 2:14-CR-0033014 GEB. It is the United States’ position that the statute of limitations has not expired on potential 15 criminal charges relating to the drug trafficking involving the defendant assets. Nevertheless, the 16 United States intends to depose the claimant regarding her ownership of the defendant assets, as well as 17 her knowledge of the marijuana trafficking. If discovery proceeds at this time, claimant Chang will be 18 placed in the difficult position of either invoking her Fifth Amendment rights against self-incrimination 19 and losing the ability to pursue her claim to the defendant assets, or waiving her Fifth Amendment 20 rights and submitting to a deposition and potentially incriminating herself. If she invokes her Fifth 21 Amendment rights, the United States will be deprived of the ability to explore the factual basis for the 22 claim she filed with this court. 23 4. In addition, the claimant intends to depose, among others, the agents involved with this 24 investigation, including but not limited to, the agents with the Drug Enforcement Administration. 25 Allowing depositions of the law enforcement officers at this time would adversely impact the federal 26 prosecution. 27 5. The parties recognize that proceeding with these actions at this time has potential 28 adverse effects on the investigation of the underlying criminal conduct and/or upon the claimant’s 2 Stipulation for a Stay of Further Proceedings 29 1 ability to assert any defenses to forfeiture. For these reasons, the parties jointly request that the matter 2 be stayed and all further proceedings be taken off calendar until July 13, 2015, in accordance with the 3 terms of this stipulation. At that time the parties will advise the court of the status of the criminal case 4 and will advise the court whether a further stay is necessary. 5 6 Dated: 4/17/15 BENJAMIN B. WAGNER United States Attorney 7 8 By: 9 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 10 11 Dated: 4/17/15 /s/ Timothy Zindel TIMOTHY ZINDEL Attorney for Claimant Ashley Chang (As authorized via email) 4/14/15 /s/ Richard J. Reynolds RICHARD J. REYNOLDS Attorney for Claimants Robert Chomentowski and LC Equity Group, Inc. (As authorized via phone) 4/17/15 /s/ Megan E. Gruber MEGAN E. GRUBER Attorney for Claimant Green Tree Servicing LLC (As authorized via phone) 12 13 14 Dated: 15 16 17 Dated: 18 19 20 21 22 ORDER For the reasons set forth above, this matter is stayed and all further proceedings shall be taken 23 off calendar pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until July 13, 2015, 24 at which time the parties will advise the Court whether a further stay is necessary. 25 IT IS SO ORDERED. Dated: April 17, 2015 26 27 28 3 29 Stipulation for a Stay of Further Proceedings

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