United States of America v. Real Property located at 4343 North Forty, Lincoln, California, Placer County, APN: 031-310-028-000 et al

Filing 55

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/6/2018 ORDERING this matter STAYED 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. CASE STAYED. (Zignago, K.)

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
28

2:18−CV−00808−KJM−CKD

Plaintiff,
v.
REAL PROPERTY LOCATED 4343
NORTH FORTY, LINCOLN,
CALIFORNIA, PLACER COUNTY, APN:
031-310-028-000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,

STIPULATION TO STAY FURTHER
PROCEEDINGS AND ORDER

REAL PROPERTY LOCATED 1
RANCHO TORRE COURT,
SACRAMENTO, CALIFORNIA,
SACRAMENTO COUNTY, APN: 0400190-055-0000, INCLUDING ALL
APPURTENANCES AND
IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 13373
BENNETT ROAD, HERALD,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 152-0120-022-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 211
HEBRON CIRCLE, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 225-1590-086-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
1

Stipulation to Stay Further Proceedings and Order

1
2
3
4
5
6
7
8
9
10
11
12
13
14

REAL PROPERTY LOCATED 4909
WINAMAC DRIVE, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 225-1800-056-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 5371
ONTARIO STREET, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 023-0275-015-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,
REAL PROPERTY LOCATED 7471 53RD
AVENUE, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 040-0240-051-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO, and
REAL PROPERTY LOCATED 9217
SILVERDALE COURT, SACRAMENTO,
CALIFORNIA, SACRAMENTO
COUNTY, APN: 121-0810-047-0000,
INCLUDING ALL APPURTENANCES
AND IMPROVEMENTS THERETO,

15
16

Defendants.
The United States and Claimants Ling Yan Jiang, Jin Heng Jiang, Hong Lin, Xiang Rong Lian

17 Mei Zhao, Jing Jie Jiang, Qing Xi Liu, Xue Ying Zhang, Loan Kim Lu, Stephen M Ward and Debra L
18 Ward, Co-Trustees, or their successors in Trust, under the Ward Family Living Trust dated 4/10/04 as to
19 an undivided 75.06667% interest, and Pensco Trust Company Custodian FBO Gayle Ansell, IRA as to an
20 undivided 24.93333% interest, Pensco Trust Company FBO Gopen Family, East West Bank, and Khoi
21 Vo hereby stipulate that a stay is necessary in the above-entitled action and request that the Court enter an
22 order staying all further proceedings until the resolution of the related criminal cases, United States v.
23 Leonard Yang, et al., Case 2:16-CR-00189-KJM and United States v. Xiu Ping Li, et al., Case No. 2:1724 CR-00136-KJM.
25

1.

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

26 because they were allegedly used to commit or facilitate violations of federal drug laws:
27
28

a.
Real Property located at 4343 North Forty, Lincoln, California, the “Defendant
North Forty.” Ling Yan Jiang has filed a claim asserting an ownership interest in
2

Stipulation to Stay Further Proceedings and Order

1

defendant North Forty. Stephen M Ward and Debra L Ward, Co-Trustees, or their
successors in Trust, under the Ward Family Living Trust dated 4/10/04 as to an undivided
75.06667% interest, and Pensco Trust Company Custodian FBO Gayle Ansell, IRA as to
an undivided 24.93333% interest filed claims asserting a lienholder interest in defendant
North Forty.

2
3
4

b.
Real Property located at 1 Rancho Torre Court, Sacramento, California, the
“Defendant Rancho Torre Court.” Jin Heng Jiang has filed a claim asserting an
ownership interest in defendant Rancho Torre Court.

5
6

c.
Real Property located at 13373 Bennett Road, Herald, California, the “Defendant
Bennett Road.” Hong Lin has filed a claim asserting an ownership interest in defendant
Bennett Road.

7
8

d.
Real Property located at 211 Hebron Circle, Sacramento, California, the
“Defendant Hebron Circle.” Xiang Rong Lian has filed a claim asserting an ownership
interest in defendant Hebron Circle. Pensco Trust Company FBO Gopen Family filed a
claim asserting a lienholder interest in defendant Hebron Circle.

9
10

e.
Real Property located at 4909 Winamac Drive, Sacramento, California, the
“Defendant Winamac Drive.” Mei Zhao has filed a claim asserting an ownership interest
in defendant Winamac Drive. East West Bank filed a claim asserting a lienholder interest
in defendant Winamac Drive.

11
12
13

f.
Real Property located at 5371 Ontario Street, Sacramento, California, the
“Defendant Ontario Street.” Jing Jie Jiang has filed a claim asserting an ownership
interest in defendant Ontario Street. Khoi Vo filed a claim asserting a lienholder interest
in defendant Ontario Street.

14
15

g.
Real Property located at 7471 53rd Avenue, Sacramento, California, the
“Defendant 53rd Avenue.” Qing Xi Liu has filed a claim asserting an ownership interest
in defendant 53rd Avenue. East West Bank filed a claim asserting a lienholder interest in
defendant 53rd Avenue.

16
17
18

h.
Real Property located at 9217 Silverdale Court, Sacramento, California, the
“Defendant Silverdale Court.” Xue Ying Zhang and Loan Kim Lu have filed claims
asserting an ownership interest in defendant Silverdale Court. East West Bank filed a
claim asserting a lienholder interest in defendant Silverdale Court.

19
20
21
22
23
24
25
26
27

2.

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

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

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

manufacturing and distribution in United States v. Leonard Yang, et al., Case 2:16-CR-00189-KJM and
United States v. Xiu Ping Li, et al., Case No. 2:17-CR-00136-KJM. It is the United States’ position that
the statute of limitations has not expired on potential criminal charges relating to the drug trafficking

28
3

Stipulation to Stay Further Proceedings and Order

1 involving the defendant properties. Nevertheless, the United States intends to depose claimants (and
2 others) regarding their ownership of the defendant properties, as well as their knowledge and
3 participation in large scale marijuana cultivation, including the marijuana grow at the defendant
4 properties, as well as the circumstances behind the purchase of the properties. If discovery proceeds at
5 this time, claimants will be placed in the difficult position of either invoking their Fifth Amendment
6 rights against self-incrimination and losing the ability to pursue their claims to the defendant properties,
7 or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating
8 themselves. If they invoke their Fifth Amendment rights, the United States will be deprived of the ability
9 to explore the factual basis for the claims they filed with this court.
10

4.

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

11 investigation, including but not limited to, the agents with the Federal Bureau of Investigation (“FBI”).
12 Allowing depositions of the law enforcement officers at this time would adversely impact the federal
13 prosecution and ongoing investigation.
14

5.

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

15 effects on the investigation of the underlying criminal conduct and/or upon the claimant’s ability to assert
16 any defenses to forfeiture. For these reasons, the parties jointly request that these matters be stayed until
17 the conclusion of the related criminal cases. At that time the parties will advise the court of the status of
18 the criminal investigation, if any, and will advise the court whether a further stay is necessary.
19

6.

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

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

8/1/2018

23

By:

24
25
26 Dated:
27
28

McGREGOR W. SCOTT
United States Attorney

7/31/2018

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Linda Parisi
LINDA PARISI
Attorney for Claimants Ling Yan Jiang
and Jing Jie Jiang
4

Stipulation to Stay Further Proceedings and Order

1
2

Dated:

8/1/2018

/s/ Larissa L. Branes
LARISSA L. BRANES
Attorney for Claimant Stephen M Ward and Debra L
Ward, Co-Trustees, or their successors in Trust,
under the Ward Family Living Trust dated 4/10/04
as to an undivided 75.06667% interest, and Pensco
Trust Company Custodian FBO Gayle Ansell, IRA
as to an undivided 24.93333% interest

7/30/2018

/s/ J. Patrick McCarthy
J. PATRICK MCCARTHY
Attorney for Claimants Jin Heng Jiang, Hong Lin
and Qing Xi Liu

7/30/2018

/s/ Robert J. Saria
ROBERT J. SARIA
Attorney for Claimant Xiang Rong Lian

7/31/2018

/s/ Edward T. Weber
EDWARD T. WEBER
Attorney for Claimant Pensco Trust Company FBO
Gopen Family

7/31/2018

/s/ Terry R. Hunt
TERRY R. HUNT
Attorney for Claimant Mei Zhao

7/31/2018

/s/ William G. Malcolm
WILLIAM G. MALCOLM
Attorney for Claimant East West Bank

8/1/2018

/s/ Anh Van Nguyen
ANH VAN NGUYEN
Attorney for Claimant Khoi Vo

7/27/2018

/s/ Ernest Chen
ERNEST CHEN
Attorney for Claimants Xue Ying Zhang and
Loan Kim Lu

3
4
5
6
7 Dated:
8
9
10 Dated:
11
12
13 Dated:
14
15
16 Dated:
17
18
19 Dated:
20
21
22 Dated:
23
24
25 Dated:
26
27
28

5

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
UNITED STATES DISTRICT JUDGE

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

Stipulation to Stay Further Proceedings and Order