United States Of America v. $160,302.98 in Funds Seized From Wells Fargo Bank Acct. # XXXXXX0819

Filing 11

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/8/2011. Further Case Management Conference set for 9/15/2011 03:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 6/16/2011. (whasec, COURT STAFF) (Filed on 6/16/2011)

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MELINDA HAAG (CABN 132612)
United States Attorney

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MIRANDA KANE (CABN 150630)
Chief, Criminal Division

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ARVON J. PERTEET (CABN 242828)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California, 94102-3495
Telephone: [phone]
Fascimile: 415-436-7234
E-Mail: [e-mail]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff, United States of America respectfully submits this Case Management Statement.

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Plaintiff,
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v.
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$160,302.98 IN FUNDS SEIZED FROM
WELLS FARGO BANK ACCT. #
XXXXXX0819,

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Defendant.

No. CV 11-1024 WHA
CASE MANAGEMENT STATEMENT
AND ORDER CONTINUING CMC
CMC Date: June 23, 2011
Time:
3:00 p.m.
Location:
19th Floor

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1. Jurisdiction and Service

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The seizure and forfeiture are authorized by 31 U.S.C. § 5324(a)(1) and (3), 31 U.S.C. §

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5317(c)(2) and 18 U.S.C. § 984. There are no counterclaims. Plaintiff has served notice of this

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action on all persons who may have an interest in the property, including the following: Nicolas

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Munoz and Yolanda Munoz.

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2. Facts

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This is a forfeiture action. The defendant funds were seized pursuant to a federal seizure

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warrant signed by the Honorable Patricia V. Trumbull, United States Magistrate Judge. The
CASE MANAGEMENT STATEMENT

CV-1024 WHA

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defendant funds were seized based on structuring of cash deposits into a Wells Fargo Bank

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account held in the name of Yolanda Munoz from January 19, 2010 to February 17, 2010 in

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violation of 31 U.S.C. §§ 5324(a)(1) and (3).

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3. Legal Issues

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The principal factual and legal issues in dispute are: 1) whether plaintiff can establish by a

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preponderance of the evidence that the defendant funds are funds involved in or traceable to the

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intent to evade the reporting requirements of section 5313(a), or any regulation prescribed under

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that section and 2) whether any claimant can establish by a preponderance of the evidence that

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he/she is the innocent owner of the defendant funds.

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4. Motions

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The United States intends to move for a stay of the proceedings as there is an ongoing

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criminal investigation involving the defendant funds and a potential claimant of the defendant

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funds. Additionally, the Government intends to move for summary judgment once it has

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completed its discovery.

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5. Amendment of Pleadings

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None at this time.

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6. Evidence Preservation

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The United States is not aware of any voice mails or other electronically-recorded material

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that needs to be preserved.

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7. Disclosures

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No disclosures have been required at this time.

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8. Discovery

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This is an in rem forfeiture case and is exempt from initial disclosures pursuant to

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Federal Rule of Civil Procedure 26 (a)(l)(B)(ii). Parties intend on propounding requests for

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production of documents, requests for admissions, interrogatories, and possibly noticing

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deposition.

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9. Class Actions

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This case will not involve a class action certification.
CASE MANAGEMENT STATEMENT

CV-1024 WHA

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10. Related Cases

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There is no filed related case at this time. However, there is an ongoing criminal

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investigation in the Northern District of California related to the defendant funds.

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11. Relief

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Plaintiff seeks a judgment of forfeiture of the defendant funds. This is not a damages case.

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12. Settlement and ADR

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The Government is not seeking settlement or ADR at this time.

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13. Consent to Magistrate Judge For All Purposes

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The Government does not consent to Magistrate Jurisdiction.

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14. Other references

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The Government does not request a referral to arbitration.

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15. Narrowing of Issues

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The Government is not in a position to stipulate to facts or narrow the issues at this time.

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The Government is willing to revisit this issue with the Court once discovery has been

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undertaken.

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16. Expedited Schedule

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The Government has not undertaken discovery at this time. The United States does not seek

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to have an expedited schedule.

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17. Scheduling

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The Government is asking that the Case Management Conference currently schedule be

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continued for 90 days as the Government has provided the potential claimants with an extension

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to file their claim and answer until August, 2011.

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18. Trial

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The United States will be requesting a Jury trial. The length of trial is yet to be determined.

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19. Disclosure of Non-Party Interested Entities or Persons

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None expected at this time.

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//

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//
CASE MANAGEMENT STATEMENT

CV-1024 WHA

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20. Other Matters.

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There is an ongoing criminal investigation and the Government is requesting that the case

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management conference currently scheduled for June 23, 2011 at 3:00 p.m. be continued for 90

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days. If the Court so requires, the Government is prepared to file a formal motion requesting a

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stay of the proceeds and discovery pursuant to 18 U.S.C. § 981(g)(1).

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Dated: June 13, 2011

/S/____________________________
ARVON J. PERTEET
Assistant United States Attorney

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ORDER

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SO GRANTED. The case management conference is continued to September 15, 2011,
at 3:00 p.m.

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Dated: June 16, 2011.

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CASE MANAGEMENT STATEMENT

CV-1024 WHA

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