United States of America v. 2005 Maybach 57 Sedan et al

Filing 21

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT re 20 Case Management Statement filed by United States of America Initial Case Management Conference set for 3/21/2008 10:30 AM. Signed by Judge Jeremy Fogel on 2/6/08. (jfsec, COURT STAFF) (Filed on 2/6/2008)

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United States of America v. 2005 Maybach 57 Sedan et al Doc. 21 Case 5:06-cv-06636-JF Document 21 Filed 02/06/2008 filed 2/6/08** 3 **E- Page 1 of 1 2 3 4 5 6 7 8 SCOTT N. SCHOOLS (SCBN 9990) United States Attorney BRIAN J. STRETCH (CSBN 163973) Chief, Criminal Division STEPHANIE M. HINDS (CSBN 154284) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: (415) 436-6816 Facsimile: (415) 436-6748 email: stephanie.hinds@usdoj.gov Attorneys for Plaintiff 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES OF AMERICA, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) 1. 2005 MAYBACH 57 SEDAN, VIN ) WDBVF78J45A001128; ) ) 2. 2006 HUMMER H2, VIN ) 5GRGN23U96H101282; AND ) ) 3. 2003 HARLEY DAVIDSON ) MOTORCYCLE, VIN 1HD1FC2563Y636319) ) Defendants. ) ) No. C06-6636 JF UNITED STATES' STATUS CONFERENCE STATEMENT AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE The United States submits this statement to advise the Court as to the current status of this matter and to request a continuance of the case management conference. This is a forfeiture action which stems from an investment fraud scheme. The government contends that defendant conveyances constitute proceeds, or are traceable to proceeds, from a mail and wire fraud scheme, and thus subject to forfeiture under 18 U.S.C. 981(a)(1)(C). The government also alleges that the defendant conveyances constitute property involved in money laundering transactions and UNITED STATES' STATUS CONFERENCE STATEMENT C 06-6636 JF 1 Dockets.Justia.com Case 5:06-cv-06636-JF Document 21 Filed 02/06/2008 Page 2 of 3 1 2 3 4 5 6 7 are thus forfeiture under 18 U.S.C. 981(a)(1)(A). The defendant conveyances were seized by duly authorized seizure warrants on April 25 and May 11, 2006, which remain under seal. Terry and Rebecca Solomon are the registered owners of the defendant conveyances. The complaint for forfeiture was originally filed under seal by order the Court on October 24, 2006, in part because Rebecca and Terry Solomon had fled the jurisdiction of the Court following the execution of search warrants at their home and the filing of criminal charges. On or about August 29, 2007, the government moved to unseal the complaint. During the period while the complaint was sealed, 8 9 10 11 12 13 14 15 16 arrived in the bay area in December 2007, where they made their initial appearances before the district the government (with Court permission) neither published nor served notice of the complaint on the Solomons. In December 2006, a federal grand jury for the Northern District of California returned an indictment charging Rebecca and Terry Solomon with violations of mail fraud, wire fraud and money laundering. The criminal case is currently pending before the Honorable Jeremy Fogel in San Jose. The factual allegations in criminal case form the basis, in large part, for the allegations in the civil forfeiture complaint. In November 2007, the Solomons were arrested abroad and extradited to Guam. They 17 18 19 20 21 22 23 24 25 // court in San Jose. The Solomons have been detained. Undersigned government counsel recently served the attorneys representing the Solomons in their criminal case with the complaint and other materials related to the civil forfeiture action. Should the Solomons wish to contest the civil forfeiture proceedings, they must file a claim within 30 days of its mailing to their attorneys. 26 27 28 // UNITED STATES' STATUS CONFERENCE STATEMENT C 06-6636 JF 2 Case 5:06-cv-06636-JF Document 21 Filed 02/06/2008 Page 3 of 3 1 2 3 4 In light of the above, the government requests that the case management conference currently scheduled for Friday, January 25, 2008, be vacated, and that the matter be rescheduled for case management conference on March 21, 2008, at 10:30 a.m., in order to provide the Solomons with sufficient time to file claims if they so intend. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES' STATUS CONFERENCE STATEMENT C 06-6636 JF 3 DATED: Respectfully submitted, JOSEPH P. RUSSONIELLO United States Attorney _______/s/_________________ STEPHANIE M. HINDS Assistant United States Attorney 2/6/08 IT IS SO ORDERED. Judge Jeremy Fogel, US District Court

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