USA v. Approximately $4,023.00 in U.S. Currency et al
Filing
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STIPULATION and ORDER signed by Judge John A. Mendez on 3/5/10 ORDERING that for the reasons set forth above, these matters is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until 7/5/10. On or before 7/5/10, the parties will advise the court whether a further stay is necessary. Case stayed. (Becknal, R)
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BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorneys for Plaintiff United States of America
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 6525 ) SOUTH BRUCE STREET, LAS VEGAS, ) NEVADA, CLARK COUNTY, ) APN: 177-02-510-005, INCLUDING ALL ) APPURTENANCES AND IMPROVEMENTS ) THERETO, ) ) Defendant. ) ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $23,770.87 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) AMERICA ACCOUNT NO. 0050 1112 8989,) HELD IN THE NAME OF G&R EMPIRE, ) LLC, ) ) APPROXIMATELY $6,741.29 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) AMERICA ACCOUNT NO. 0050 1113 0692,) HELD IN THE NAME OF PHOENIX CASH & ) CARRY, LLC, ) )
2:08-CV-02075-JAM-GGH STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER
DATE: N/A TIME: N/A COURTROOM: N/A
2:08-cv-2752 JAM-GGH
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
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APPROXIMATELY $9,774.73 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) AMERICA ACCOUNT NO. 0049 6875 8911,) HELD IN THE NAME OF IDEAL TOBACCO, ) WHOLESALE, INC., ) ) APPROXIMATELY $7,054.55 IN U.S. ) CURRENCY SEIZED FROM WELLS FARGO ) BANK ACCOUNT NO. 671-0134131, HELD ) IN THE NAME OF BITTAR FAMILY TRUST,) ) APPROXIMATELY $31,402.20 IN U.S. ) CURRENCY SEIZED FROM WELLS FARGO ) BANK ACCOUNT NO. 091-1704013, HELD ) IN THE NAME OF RAED MOURI AND ) LOUDY EGHO, ) ) APPROXIMATELY $29,095.02 IN U.S. ) CURRENCY SEIZED FROM WELLS FARGO ) BANK ACCOUNT NO. 071-0335696, HELD ) IN THE NAME OF BITTAR FAMILY TRUST,) ) APPROXIMATELY 6,954 TOTAL BOXES OF ) ASSORTED SMOKEABLE OTP EVIDENCE ) (CONTAINING APPROXIMATELY 431,447 ) UNITS OF SMOKEABLE OTP) RECOVERED ) FROM IDEAL TOBACCO WHOLESALE, ) ) APPROXIMATELY 22 TOTAL BOXES OF ) SMOKEABLE OTP EVIDENCE (CONTAINING ) APPROXIMATELY 1,350 UNITS OF ) SMOKEABLE OTP) RECOVERED FROM THE ) ABF DELIVERY TRUCK AT IDEAL ) TOBACCO WHOLESALE, AND ) ) APPROXIMATELY 87,595 UNITS OF ) ASSORTED SMOKEABLE OTP EVIDENCE ) RECOVERED FROM PHOENIX CASH & ) CARRY, ) ) Defendants. ) ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $4,023.00 IN U.S. ) CURRENCY, ) ) APPROXIMATELY $1,280.00 IN U.S. ) CURRENCY, )
2:09-cv-0111 JAM-GGH
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 APPROXIMATELY 169 Boxes of SMOKELESS TOBACCO, Defendants. APPROXIMATELY $6,268.00 IN U.S. CURRENCY, APPROXIMATELY $5,510.00 IN U.S. CURRENCY, and
) ) ) ) ) ) ) ) ) ) ) )
Plaintiff United States of America, and Claimants G&R Empire LLC; Phoenix Cash & Carry LLC; Raed "Roy" Mouri and Loudy Egho, as Trustees of the MGM Trust dated May 16, 2005; George Bittar and Wanda Bittar, as trustees of the Bittar Family Trust, dated December 23, 2003; George Bittar; Ideal Tobacco Wholesale, Inc. (hereafter referred to collectively as "claimants") and Centennial Bank, by and through their respective counsel, hereby stipulate that a stay is necessary in the above-entitled actions, and request that the Court enter an order staying all further proceedings until July 5, 2010, due to an on-going criminal investigation against Phoenix Cash & Carry LLC, G&R Empire LLC, Ideal Tobacco Wholesale, Inc., Raed Mouri, and George Bittar. 1. Each of the claimants has filed a claim to the defendant
property, but have not yet filed their Answers and will not be required to do so until the stay contemplated by this stipulation expires. Centennial Bank has timely filed a claim to the defendant
property and an Answer to the Verified Complaint for Forfeiture In Rem. 2. The stay is requested pursuant to 18 U.S.C. The plaintiff contends that Raed Mouri
§§ 981(g)(1) and 981(g)(2).
STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
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and George Bittar and others were involved in a scheme to defraud the California Board of Equalization out of excise taxes due on the sale of tobacco products. The plaintiff further contends that
Mouri, Bittar, and others used the U.S. mail to execute the fraud scheme, and that the proceeds of the scheme are traceable to the seized tobacco products and to the bank accounts from which the defendant funds were seized. Plaintiff further contends that the
defendant funds were involved in money laundering transactions. Raed Mouri and George Bittar deny these allegations. 3. To date no one has been charged with any criminal offense
by state, local, or federal authorities, and it is the plaintiff's position that the statute of limitations has not expired on potential criminal charges relating to the fraud scheme. Nevertheless, the plaintiff intends to depose claimants Raed and Mouri regarding their claims, their ownership and/or management of Phoenix Cash & Carry LLC, G&R Empire LLC, Ideal Tobacco Wholesale, Inc., and their involvement in the sale of tobacco products into California. If discovery proceeds at this time, claimants will be
placed in the difficult position of either invoking their Fifth Amendment rights against self-incrimination and losing the ability to pursue their claims to the defendant property, or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating themselves. If they invoke their Fifth
Amendment rights, the plaintiff will be deprived of the ability to explore the factual basis for the claims they filed with this court. 4. In addition, claimants intend to depose, among others,
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
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the agents involved with this investigation, including but not limited to the agents with the Bureau of Alcohol, Tobacco, Firearms & Explosives and the California Board of Equalization. Allowing
depositions of the law enforcement officers at this time would adversely affect the ability of the federal authorities to investigate the alleged underlying criminal conduct. 5. The parties recognize that proceeding with these actions
at this time has potential adverse effects on the investigation of the underlying criminal conduct 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 At that time the
these matters be stayed until July 5, 2010.
parties will advise the court of the status of the criminal investigation, if any, and will advise the court whether a further stay is necessary. 6. While this case is stayed, claimants agree to keep
current all payments due to Centennial Bank under the promissory note dated September 24, 2007, in the original principal amount of $2,225,000.00, and secured by the deed of trust recorded in Clark County, Nevada, on September 27, 2007, encumbering the defendant property. 7. In the event claimants default in their obligations to
Centennial Bank, Centennial Bank and claimants agree to join any government motion for interlocutory sale of the defendant property. The term "default" shall mean any default under the note and deed of trust encumbering the defendant property and any other documents executed by claimants in connection therewith.
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
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8.
This stay shall not affect the obligation of Centennial
Bank to respond to discovery requests served on it by plaintiff prior to the execution of this stipulation.
Dated: March 5, 2010
BENJAMIN B. WAGNER United States Attorney By /s/ Kristin S. Door KRISTIN S. DOOR Assistant U.S. Attorney Attorneys for Plaintiff United States of America
Dated: March 5, 2010 /s/ Jeffrey B. Setness (as authorized on March 5, 2010) JEFFREY B. SETNESS Mayall, Hurley, Knutsen, Smith & Green Attorneys for G&R Empire LLC; Phoenix Cash & Carry LLC; Raed "Roy" Mouri and Loudy Egho, as Trustees of the MGM Trust dated May 16, 2005; George Bittar and Wanda Bittar, as trustees of the Bittar Family Trust, dated December 23, 2003; George Bittar; and Ideal Tobacco Wholesale, Inc.
Dated: March 5, 2010
/s/ Kenneth Miller (as authorized on March 5, 2010) KENNETH MILLER Ervin Cohen & Jessup, LLP Attorneys for claimant Centennial Bank
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
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ORDER For the reasons set forth above, these matters is stayed pursuant to 18 U.S.C. §§ 981(g)(1) and 981(g)(2) until July 5, 2010. On or before July 5, 2010, the parties will advise the court
whether a further stay is necessary. IT IS SO ORDERED. Dated: March 5, 2010 /s/ John A. Mendez JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE
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STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER [PROPOSED]
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