United States of America v. $30,064.94 in Funds Seized From Acct #XXXXX08318 et al

Filing 20

Order by Magistrate Judge Donna M. Ryu granting 19 Stipulation.(dmrlc2, COURT STAFF) (Filed on 5/28/2013)

Case4:12-cv-03839-DMR Document19 Filed05/22/13 Page1 of 3

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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]
Facsimile: 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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OAKLAND DIVISION

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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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$30,064.94 IN FUNDS SEIZED FROM
ACCT # XXXXX08318; $8,298.00 IN
FUNDS SEIZED FROM ACCT #
XXXXX21933; $854.53 IN FUNDS
SEIZED FROM ACCT # XXXXX60403,
ALL FROM BANK OF AMERICA,
Defendant.

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No. CV 12-3839 DMR
STATUS REPORT AND STIPULATION
AND [PROPOSED] ORDER FOR
FURTHER STAY OF PROCEEDINGS
PURSUANT TO 18 U.S.C. §§ 981(g)(1)
AND (2)

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IT IS HEREBY STIPULATED by and between Plaintiff UNITED STATES OF AMERICA

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and Claimant COAST EXPORTS, INC., through their respective counsel, that this matter be

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stayed pursuant to 18 U.S.C. § 981(g).
2. There exists a related federal criminal investigation regarding the principals of the

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claimant, COAST EXPORTS, INC. Many of the issues and the targets in that investigation are

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related to this forfeiture proceeding.

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STIPULATION AND [PROPOSED] ORDER FOR FURTHER STAY OF
PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(g)

[No. CV 12-3839 DMR]

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Case4:12-cv-03839-DMR Document19 Filed05/22/13 Page2 of 3

3. If this case were to proceed, target’s Fifth Amendment rights against self-incrimination

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will be burdened in the related criminal case.
4. The provision of 18 U.S.C. § 981(g)(1), provides that “Upon the motion of the United

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States, the court shall stay the civil forfeiture proceeding if the court determines that civil

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discovery will adversely affect the ability of the Government to conduct a related criminal

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investigation. Here, the parties have a agreed that both the Government and the Claimant’s

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principal officers would be adversely affected if the civil case were to proceed. The

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Government’s criminal investigation would be adversely affected by allowing the claimant to

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take discovery in this matter and allow them to question the Government’s witnesses about the

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ongoing criminal investigation and the Government may be forced to disclose matters prior to the

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time it would normally have to do so within the confines of a criminal case.

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5. The provisions of 18 U.S.C. § 981(g)(2), related to stays of civil forfeiture proceedings,

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provide that “[u]pon the motion of a claimant, the court shall stay the civil forfeiture proceeding

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with respect to that claimant if the court determines that (A) the claimant’s principal officer is the

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subject of a related criminal investigation or case; (B) the claimant’s principal officers on behalf

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of COAST EXPORTS, Inc., appear to have standing to assert a claim in the civil forfeiture

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proceeding; and (C) continuation of the forfeiture proceeding will burden the right of the

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claimant’s officers against self-incrimination in the related criminal investigation or case.
6. Pursuant to the above representations, and the provisions of 18 U.S.C. §§ 981(g)(1) and

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(2), the parties hereby stipulate and agree to stay this civil forfeiture proceeding until the

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completion of the criminal investigation, or until such earlier time as either party, or this Court,

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may request that the matter be heard.

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STIPULATION AND [PROPOSED] ORDER FOR FURTHER STAY OF
PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(g)

[No. CV 12-3839 DMR]

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Case4:12-cv-03839-DMR Document19 Filed05/22/13 Page3 of 3

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7. The government has executed a federal search warrant at two locations associated with

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the target’s residence and the Claimant’s business location. The government is still reviewing

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the evidence seized from both locations and analyzing the numerous files from the computers.

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8. The parties further stipulate and agree that they request this Court continue this matter for

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90 days and set a further status report on August 21, 2013.

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IT IS SO STIPULATED:

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Dated: May 22, 2013
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MELINDA HAAG
United States Attorney

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/S/ Arvon J. Perteet
ARVON J. PERTEET
Assistant United States Attorney
Attorney for the United States of America

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Dated: May 22, 2013

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/S/ Gerard Lam
GERARD LAM
Attorney for Claimant
COAST EXPORTS, INC.

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ORDER

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IT IS SO ORDERED on this ____ ________ day of ______

______, 2013 pursuant to the

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foregoing stipulation, that the this civil forfeiture proceeding be stayed until the completion of the

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criminal proceedings in Mendocino County state court or until such earlier time as either party, or this

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Court, may request that the matter be heard.

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IT IS FURTHER ORDERED that this matter continue for 90 days and is set for further status
report on August 21, 2013.

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____________________________________
HONORABLE DONNA M. RYU
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER FOR FURTHER STAY OF
PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(g)

[No. CV 12-3839 DMR]

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