USA v. Real Property located at 10497 Alta Mesa Road, Wilton, California, Sacramento County, APN: 136-0250-050-0000 et al

Filing 27

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)

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McGREGOR W. SCOTT
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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2:18−CV−00798−KJM−CKD

Plaintiff,
v.
REAL PROPERTY LOCATED AT 10497
ALTA MESA ROAD, WILTON,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 136-0250-050-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,

STIPULATION TO STAY FURTHER
PROCEEDINGS AND ORDER

REAL PROPERTY LOCATED AT 13701
INDIO DRIVE, SLOUGHHOUSE,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 073-0114-010-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO, and
REAL PROPERTY LOCATED AT 11709
COLONY ROAD, GALT, CALIFORNIA,
SACRAMENTO COUNTY, APN: 1380090-092-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
Defendants.
The United States and Claimants Weiren Li, Charisma 18 Ave Realty Inc., The Mousa and Eima

27 Myers Revocable Trust and Michael Emanuel Mahgerefteh, Douglas Pool, and Dew Claw LLC hereby
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Stipulation to Stay Further Proceedings and Order

1 stipulate that a stay is necessary in the above-entitled action and request that the Court enter an order
2 staying all further proceedings until the resolution of the related criminal cases, United States v. Leonard
3 Yang, et al., Case 2:16-CR-00189-KJM and United States v. Xiu Ping Li, et al., Case No. 2:17-CR4 00136-KJM.
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1.

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

6 because they were allegedly used to commit or facilitate violations of federal drug laws:
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a.
Real Property located at 10497 Alta Mesa Road, Wilton, California, the
“Defendant Alta Mesa Road.” Weiren Li has filed a claim asserting an ownership interest
in defendant Alta Mesa Road. The Mousa and Eima Myers Revocable Trust and Michael
Emanuel Mahgerefteh filed a claim asserting a lienholder interest in defendant Alta Mesa
Road.

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b.
Real Property located at 13701 Indio Drive, Sloughhouse, California, the
“Defendant Indio Drive.” Charisma 18 Ave Realty Inc. has filed a claim asserting an
ownership interest in defendant Indio Drive. Douglas Pool filed a claim asserting a
lienholder interest in defendant Indio Drive.

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c.
Real Property located at 11709 Colony Road, Galt, California, the “Defendant
Colony Road.” Charisma 18 Ave Realty Inc. has filed a claim asserting an ownership
interest in defendant Colony Road. Dew Claw LLC filed a claim asserting a lienholder
interest in defendant Colony Road.

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2.

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

16 881(i). The United States contends that the defendant properties were used and intended to be used to
17 commit or facilitate violations of federal drug laws in violation of 21 U.S.C. §§ 841 et seq. Claimants
18 deny these allegations.
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3.

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

20 manufacturing and distribution in United States v. Leonard Yang, et al., Case 2:16-CR-00189-KJM and
21 United States v. Xiu Ping Li, et al., Case No. 2:17-CR-00136-KJM. It is the United States’ position that
22 the statute of limitations has not expired on potential criminal charges relating to the drug trafficking
23 involving the defendant properties. Nevertheless, the United States intends to depose claimants (and
24 others) regarding their ownership of the defendant properties, as well as their knowledge and
25 participation in large scale marijuana cultivation, including the marijuana grow at the defendant
26 properties, as well as the circumstances behind the purchase of the properties. If discovery proceeds at
27 this time, claimants will be placed in the difficult position of either invoking their Fifth Amendment
28 rights against self-incrimination and losing the ability to pursue their claims to the defendant properties,
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Stipulation to Stay Further Proceedings and Order

1 or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating
2 themselves. If they invoke their Fifth Amendment rights, the United States will be deprived of the ability
3 to explore the factual basis for the claims they filed with this court.
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In addition, claimants intend to depose, among others, the agents involved with this

5 investigation, including but not limited to, the agents with the Department of Homeland Security,
6 Homeland Security Investigations (“HSI”). Allowing depositions of the law enforcement officers at this
7 time would adversely impact the federal prosecution and ongoing investigation.
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5.

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

9 effects on the investigation of the underlying criminal conduct and/or upon the claimant’s ability to assert
10 any defenses to forfeiture. For these reasons, the parties jointly request that these matters be stayed until
11 the conclusion of the related criminal cases. At that time the parties will advise the court of the status of
12 the criminal investigation, if any, and will advise the court whether a further stay is necessary.
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6.

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

14 avenues of redress to preserve the real properties, including filing a motion for interlocutory sale or
15 seeking a receiver appointment to collect rents and maintain the properties.
16 Dated:

7/31/2018

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By:

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

7/31/2018

/s/ Candice L. Fields
CANDICE L. FIELDS
Attorney for Claimant Weiren Li

7/30/2018

/s/ Richard J. Reynolds
RICHARD J. REYNOLDS
Attorney for Claimants The Mousa and Eima Myers
Revocable Trust and Michael Emanuel Mahgerefteh

7/26/2018

/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for Claimant Charisma 18 Ave Realty, Inc.

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Stipulation to Stay Further Proceedings and Order

1 Dated:

7/30/2018

/s/ Douglas R. Schwartz
DOUGLAS R. SCHWARTZ
Attorney for Claimant Douglas Pool

7/31/2018

/s/ Patrick J. Wingfield
PATRICK J. WINGFIELD
Attorney for Dew Claw LLC

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

9 21 U.S.C. § 881(i) until the resolution of companion criminal cases. The parties shall file a joint status
10 report within 30 days of the conclusion of the parallel criminal cases, or as the court deems appropriate.
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IT IS SO ORDERED.

12 DATED: August 6, 2018.
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UNITED STATES DISTRICT JUDGE

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Stipulation to Stay Further Proceedings and Order