Opinion
2:10-MC-00046-MCE-DAD
01-18-2012
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $5,173.45 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 3444347300, Defendant.
BENJAMIN B. WAGNER United States Attorney JEAN M. HOBLER Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
JEAN M. HOBLER Assistant U.S. Attorney
GOVERNMENT'S RESPONSE TO ORDER
TO SHOW CAUSE RE: DISMISSAL OF
ACTION; RELATED STIPULATION OF PARTIES; ORDER THEREON
On January 11, 2012, this Court issued an order for the Government to show cause why the instant case should not be dismissed in light of the lack of a complaint on file. The Government apologizes to the Court for any inconvenience caused to it in this matter, and provides the following status and related request.
Claimants Joseph and Doralee Stancil advised the Government some time ago that they wished to reach a global resolution of criminal and civil issues relating to the seizure of the funds that are the subject of this case. Complicating those discussions, there are multiple potential individual defendants and a potential corporate defendant in a related criminal investigation. Working with counsel for claimants and for the potential individual and corporate defendants, the parties' efforts in this regard are substantially complete. We expect to finalize the terms of a global resolution within the next two weeks. Relatedly, the Government expects to file an Information with related criminal charges within approximately the next week, and to file in the resulting criminal case and in this case a notices of related cases. The parties hope and expect to have the matter in front of the District Court for entry of plea and related proceedings within 30 to 60 days. The parties expect that the funds that are the subject of this civil matter will be transferred by Stancil Enterprises, Inc. to be forfeited as part of the criminal case.
On that basis, in the interests of proceeding in an efficient fashion, the parties request the Court suspend operation of its Order to Show Cause for a period of 60 days, with the expectation that in the intervening period the civil case will become moot.
It is hereby stipulated by and between the United States of America and claimants Joseph Stancil and Doralee Stancil ("claimants"), by and through their respective attorneys, that the above factual statements are accurate, and that all parties to this civil matter join in the request to suspend the operation of the Order to Show Cause for a period of 60 days from the date of any such order.
BENJAMIN B. WAGNER
United States Attorney
____________
JEAN M. HOBLER
Assistant U.S. Attorney
_________________
DONALD H. HELLER
Attorney for Claimants
Joseph and Doralee Stancil
(Original signatures retained by attorney)
ORDER
Given the foregoing stipulation, the Order to Show Cause (ECF No. 12) is hereby vacated. The parties are directed to file a joint status report not later than April, 17, 2012 if this matter is not resolved beforehand.
IT IT SO ORDERED.
________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE