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United States v. Aezah

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jun 5, 2018
No. 1:16-CR-00107-DAD-BAM (E.D. Cal. Jun. 5, 2018)

Opinion

No. 1:16-CR-00107-DAD-BAM

06-05-2018

UNITED STATES OF AMERICA, Plaintiff, v. YOUSEF DAHIFALLA AEZAH, ADHIM DAHIFALLA AEZAH, and DIRAR DAHIFALLA AEZAH, Defendants.

McGREGOR W. SCOTT United States Attorney GRANT B. RABENN JEFFREY A. SPIVAK Assistant United States Attorneys 2500 Tulare Street, Suite 4401 Fresno, CA 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Plaintiff United States of America


McGREGOR W. SCOTT
United States Attorney
GRANT B. RABENN
JEFFREY A. SPIVAK
Assistant United States Attorneys
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099 Attorneys for Plaintiff
United States of America UNITED STATES'S REQUEST FOR AN ORDER AUTHORIZING DISCOVERY IN THE ANCILLARY PROCEEDING; ORDER THEREON [FED. R. CRFM. P. 32.2(c)(1)(B)]

I. INTRODUCTION

Pursuant to Fed. R. Crim. P. 32.2(c)(1)(B), the United States requests the Court to allow it to conduct discovery to explore the basis for the claim filed by petitioners David Aezah and Rizka Aezah (collectively "Petitioners") regarding their interest in property forfeited from defendants Yousef Dahifalla Aezah, Adhim Dahifalla Aezah, and Dirar Dahifalla Aezah. Petitioners allege an interest in the approximately $201,205.00 in U.S. Currency, approximately $10,700.00 in U.S. Currency, and Approximately $8,800.00 in U.S. Currency (the "Subject Currency") that was seized pursuant to a Federal search warrant in Bakersfield, California on July 7, 2016 as part of this criminal investigation.

II. BACKGROUND

1. On July 21, 2016, Yousef Dahifalla Aezah, Adhim Dahifalla Aezah, and Dirar Dahifalla Aezah were indicted in a three-count indictment for conspiracy to manufacture, distribute, and to possess with intent to distribute a controlled substance and to maintained drug-involved premises (all defendants), distribution of a controlled substance (all defendants), and maintaining drug-involved premises (all defendants). (ECF No. 1.)

2. On April 9, 2018, Yousef Dahifalla Aezah, Adhim Dahifalla Aezah, and Dirar Dahifalla Aezah each pleaded guilty to Count Three of the Indictment and admitted the forfeiture allegation. (ECF No. 46). Defendants are scheduled to be sentenced on July 16, 2018. Id.

3. On April 27, 2018, the Court entered a Preliminary Order of Forfeiture for the Subject Currency, among other assets, pursuant to 21 U.S.C. § 853(a), which authorizes the forfeiture of narcotics related monies and facilitating property.

4. Following the Court's entry of a preliminary order of forfeiture, the United States provided notice to all known and unknown potential claimants, pursuant to 21 U.S.C. § 853(n), 18 U.S.C. § 1963(1) and Local Rule 171. The deadline to file a petition is June 8, 2018.

5. On May 29, 2018, Petitioners filed a verified petition of third parties David Aezah and Rizka Aezah for ancillary hearing contesting the forfeiture of the Subject Currency. (ECF No. 50.) Each claims an interest in the Subject Currency and urges that the Subject Currency are their lawful earnings.

III. ANALYSIS

6. Federal Rule of Criminal Procedure 32.2(c) governs third party asset forfeiture proceedings in criminal cases. Rule 32.2(c)(1) provides that if a third party files a petition asserting an interest in property to be forfeited in a criminal case, the district court must conduct an ancillary hearing. Fed.R.Crim.P. 32.2(c)(1). Rule 32.2(c)(1)(B) provides that prior to the ancillary hearing the Court may permit the parties to conduct discovery in accordance with the Federal Rules of Civil Procedure if the court determines that discovery is "necessary or desirable to resolve factual issues." Fed.R.Crim.P. 32.2(c)(2)(B).

7. The United States believes that discovery is necessary and desirable to evaluate Petitioners' ownership in the Subject Currency because if Petitioners can provide information showing that the money was not narcotics-related, an ancillary hearing may not be necessary.

8. The United States requests and proposes the following discovery, motion and hearing schedule:

Event

Proposed Date/Deadline

Discovery Cut off

October 26, 2018

Last Day to File Dispositive Motions

November 16, 2018

Ancillary Hearing

Week of January 7, 2019


IV. CONCLUSION

For the foregoing reasons, the United States requests the Court: (1) enter an order authorizing the parties to conduct discovery pursuant to Fed. R. Crim. P. 32.2(c)(1)(B); and (2) to adopt the above litigation schedule or set a discovery schedule that the Court deems appropriate. Dated: June 4, 2018

McGREGOR W. SCOTT

United States Attorney

By: /s/ Jeffrey A. Spivak

JEFFREY A. SPIVAK

Assistant U.S. Attorney

ORDER

IT IS SO ORDERED.

Dated: June 5 , 2018

/s/_________

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Aezah

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jun 5, 2018
No. 1:16-CR-00107-DAD-BAM (E.D. Cal. Jun. 5, 2018)
Case details for

United States v. Aezah

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. YOUSEF DAHIFALLA AEZAH, ADHIM…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jun 5, 2018

Citations

No. 1:16-CR-00107-DAD-BAM (E.D. Cal. Jun. 5, 2018)