USA v. Real Property located at 7204 Alpine Frost Drive, Sacramento, California, Sacramento County, APN: 117-1150-018-0000 et al

Filing 28

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/6/18 ORDERING for the reasons set forth above, this matter is STAYED under 18 U.S.C. §§ 981(g)(1), 981(g)(2) and 21 U.S.C. § 881(i) until the resolution of companion criminal cases. The parties shall file a joint status report within 30 days of the conclusion of the parallel criminal cases, or as the court deems appropriate. (Becknal, R)

4

McGREGOR W. SCOTT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

2:18−CV−00775−KJM−CKD

Plaintiff,
v.
REAL PROPERTY LOCATED AT 7204
ALPINE FROST DRIVE, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 117-1150-018-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,

STIPULATION TO STAY FURTHER
PROCEEDINGS AND ORDER

REAL PROPERTY LOCATED AT 7241
VANITA WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 051-0344-010-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT 7260
VANITA WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 051-0343-007-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED AT 7791
OTHEL WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 040-0154-025-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO, and

28
1

Stipulation to Stay Further Proceedings and Order

1
2
3
4

REAL PROPERTY LOCATED AT 7795
OTHEL WAY, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 040-0154-024-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
Defendants.

5
6

The United States and Claimants Ya Jing Wang, Wen Jun Zeng, Xiuqin Lin and Ketong Cai, Gen

7 Lin, Vantex Mortgage Fund, LLC, Bill Olin 401K, Hang Thuy Nguyen and Kevin Fang hereby stipulate
8 that a stay is necessary in the above-entitled action and request that the Court enter an order staying all
9 further proceedings until the resolution of the related criminal cases, United States v. Leonard Yang, et
10 al., Case 2:16-CR-00189-KJM and United States v. Xiu Ping Li, et al., Case No. 2:17-CR-00136-KJM.
11

1.

This is a forfeiture in rem action against five properties pursuant to 21 U.S.C. § 881(a)(7)

12 because they were allegedly used to commit or facilitate violations of federal drug laws:
13

a.
Real Property located at 7204 Alpine Frost Drive, Sacramento, California, the
“Defendant Alpine Frost Drive.” Ya Jing Wang has filed a claim asserting an ownership
interest in defendant Alpine Frost Drive. Vantex Mortgage Fund, LLC filed a claim
asserting a lienholder interest in defendant Alpine Frost Drive.

14
15

b.
Real Property located at 7241 Vanita Way, Sacramento, California, the “Defendant
7241 Vanita Way.” Wen Jun Zeng has filed a claim asserting an ownership interest in
defendant 7241 Vanita Way. Bill Olin 401K filed a claim asserting a lienholder interest in
defendant 7241 Vanita Way.

16
17
18

c.
Real Property located at 7260 Vanita Way, Sacramento, California, the “Defendant
7260 Vanita Way.” Xiuqin Lin and Ketong Cai have filed claims asserting an ownership
interest in defendant 7260 Vanita Way.

19
20

d.
Real Property located at 7791 Othel Way, Sacramento, California, the “Defendant
7791 Othel Way.” Gen Lin has filed a claim asserting an ownership interest in defendant
7791 Othel Way. Hang Thuy Nguyen filed a claim asserting a lienholder interest in
defendant 7791 Othel Way.

21
22

e.
Real Property located at 7795 Othel Way, Sacramento, California, the “Defendant
7795 Othel Way.” Gen Lin has filed a claim asserting an ownership interest in defendant
7795 Othel Way. Kevin Fang filed a claim asserting a lienholder interest in defendant
7795 Othel Way.

23
24
25

2.

The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. §

26 881(i). The United States contends that the defendant properties were used and intended to be used to
27 commit or facilitate violations of federal drug laws in violation of 21 U.S.C. §§ 841 et seq. Claimants
28
2

Stipulation to Stay Further Proceedings and Order

1 deny these allegations.
2

3.

To date, several individuals have been charged with federal crimes related to marijuana

3 manufacturing and distribution in United States v. Leonard Yang, et al., Case 2:16-CR-00189-KJM and
4 United States v. Xiu Ping Li, et al., Case No. 2:17-CR-00136-KJM. It is the United States’ position that
5 the statute of limitations has not expired on potential criminal charges relating to the drug trafficking
6 involving the defendant properties. Nevertheless, the United States intends to depose claimants (and
7 others) regarding their ownership of the defendant properties, as well as their knowledge and
8 participation in large scale marijuana cultivation, including the marijuana grow at the defendant
9 properties, as well as the circumstances behind the purchase of the properties. If discovery proceeds at
10 this time, claimants will be placed in the difficult position of either invoking their Fifth Amendment
11 rights against self-incrimination and losing the ability to pursue their claims to the defendant properties,
12 or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating
13 themselves. If they invoke their Fifth Amendment rights, the United States will be deprived of the ability
14 to explore the factual basis for the claims they filed with this court.
15

4.

In addition, claimants intend to depose, among others, the agents involved with this

16 investigation, including but not limited to, the agents with the Department of Homeland Security,
17 Homeland Security Investigations (“HSI”). Allowing depositions of the law enforcement officers at this
18 time would adversely impact the federal prosecution and ongoing investigation.
19

5.

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

20 effects on the investigation of the underlying criminal conduct and/or upon the claimant’s ability to assert
21 any defenses to forfeiture. For these reasons, the parties jointly request that these matters be stayed until
22 the conclusion of the related criminal cases. At that time the parties will advise the court of the status of
23 the criminal investigation, if any, and will advise the court whether a further stay is necessary.
24

6.

If any of the defendant properties go into default, the parties reserve the right to seek all

25 avenues of redress to preserve the real properties, including filing a motion for interlocutory sale or
26 seeking a receiver appointment to collect rents and maintain the properties.
27 ///
28 ///
3

Stipulation to Stay Further Proceedings and Order

1 Dated:

8/1/2018

2

By:

3
4
5 Dated:

McGREGOR W. SCOTT
United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

7/31/2018

/s/ Salvadore Giambona
SALVADORE GIAMBONA
Attorney for Claimant Ya Jing Wang

7/30/2018

/s/ Dennis H. Doss
DENNIS H. DOSS
Attorney for Claimant Vantex Mortgage Fund, LLC

7/31/2018

/s/ Samuel D. Berns
SAMUEL D. BERNS
Attorney for Claimant Wen Jun Zeng

7/27/2018

/s/ Bill Olin
BILL OLIN
Claimant/Lienholder, In Propria Persona

7/30/2018

/s/ Theodore Slater
THEODORE SLATER
Attorney for Claimant Gen Lin

7/30/2018

/s/ Robert J. Saria
ROBERT J. SARIA
Attorney for Claimants Xiuqin Lin & Ketong Cai

7/30/2018

/s/ Simon Aron
SIMON ARON
Attorney for Claimant Hang Thuy Nguyen

8/1/2018

/s/ Anh Van Nguyen
ANH VAN NGUYEN
Attorney for Claimant Kevin Fang

6
7
8 Dated:
9
10
11 Dated:
12
13
14 Dated:
15
16
17 Dated:
18
19
20 Dated:
21
22
23 Dated:
24
25
26 Dated:
27
28 ///

4

Stipulation to Stay Further Proceedings and Order

1
2

ORDER
For the reasons set forth above, this matter is stayed under 18 U.S.C. §§ 981(g)(1), 981(g)(2) and

3 21 U.S.C. § 881(i) until the resolution of companion criminal cases. The parties shall file a joint status
4 report within 30 days of the conclusion of the parallel criminal cases, or as the court deems appropriate.
5

IT IS SO ORDERED.

6 DATED: August 6, 2018.
7
8

UNITED STATES DISTRICT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

Stipulation to Stay Further Proceedings and Order