Opinion
1:12-CV-00254-LJO-SKO
07-19-2012
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $35,900.00 IN U.S. CURRENCY, APPROXIMATELY $5,500.00 IN U.S. CURRENCY, APPROXIMATELY $3,127.00 IN U.S. CURRENCY, and APPROXIMATELY $5,772.08 IN US. CURRENCY SEIZED FROM UNION BANK ACCOUNT NUMBER 1540018207, Defendants.
BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant United States Attorney Attorneys for United States
BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
Attorneys for United States
STIPULATION TO STAY
PROCEEDINGS AND ORDER
The United States of America and Claimants Mark Bagdasarian and Maureen Bagdasarian, by and through their respective counsel, hereby stipulate that a stay is necessary in the above-entitled action and request the Court enter an order staying proceedings due to the on-going criminal prosecution United States v. Bagdasarian et al, 1:11-CR-00352-LJO-SKO.
The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2). The United States contends that the defendant assets were proceeds of, involved in, or facilitated the violations alleged in the Superceding Criminal Indictment (See 1:11-CR-00352-LJO-SKO Doc # 42).
A stay is warranted because if discovery proceeds at this time in the civil in rem case, Claimants would be entitled to depose, among others, the agents and deputies involved with this investigation. Allowing depositions of the law enforcement officers at this stage of the criminal investigation could adversely affect the ability of the federal authorities to effectively pursue the related criminal prosecution.
Likewise, a stay is warranted because Claimant Mark Bagdasarian is a Defendant in the related criminal prosecution, has standing to assert a claim in the civil in rem forfeiture proceeding, and continuation of the forfeiture proceeding will burden the right of Claimant Mark Bagdasarian against self-incrimination in the related criminal prosecution.
As such, the parties recognize that proceeding with the civil in rem action at this time could have adverse effects on the underlying criminal prosecution and/or upon the Claimants' ability to prove their claim to the property and to assert any defenses to forfeiture.
For these reasons, the parties jointly request that this matter be stayed pending resolution of the related criminal prosecution. THEREFORE, the parties to this action stipulate and request as follows: 1. Pursuant to 18 U.S.C. §§ 981(g)(1) and (g)(2), this action be stayed due to the pending related criminal prosecution; 2. All presently scheduled court dates be vacated; and, 3. The parties are to promptly notify the Court upon resolution of the pending criminal prosecution.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
____________________________
HEATHER MARDEL JONES
Assistant United States Attorney
____________________________
ANTHONY P. CAPOZZI
NICHOLAS CAPOZZI
Attorneys for Claimants
Mark Bagdasarian and
Maureen Bagdasarian
ORDER
IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE