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United States v. Real Property and Improvements Located at 1843 14th Avenue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 27, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY AND IMPROVEMENTS LOCATED AT 1843 14TH AVENUE, SAN FRANCISCO, CALIFORNIA, DEFENDANT.
FRANK WONG, SALINA WONG, RICHARD WONG AND YU WAI MEI, CLAIMANTS.

The opinion of the court was delivered by: Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER STAYING THE INSTANT ACTION PURSUANT TO 18 U.S.C. § 981(g)(2)

STIPULATION

Plaintiff, United States of America, and Claimants Frank Wong, Salina Wong, Richard Wong Yu Wai Mei, and Bank of America, through their respective counsel, and subject to this Court's approval, hereby agree and stipulate, pursuant to 18 U.S.C. § 981(g)(2), that the Court should grant a stay in this case and that any pending deadlines or assigned dates also be stayed and vacated until the resolution of the related criminal case. The provisions of 18 U.S.C. § 981(g)(2), related to stays of civil forfeiture proceedings, provide that "[u]pon the motion of a claimant, the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that (A) the claimant is the subject of a related criminal investigation or case; (B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case. There are pending related criminal proceedings against claimant Richard Wong in the Northern California District Court, Case No. CR 05-0375 SI. In fact, the defendant real property is subject to forfeiture as part of the criminal case. Therefore, the parties believe and stipulate that this civil matter should be stayed pending the resolution of the above-referenced criminal case because the above conditions appear to be satisfied. The parties request that this case be stayed until December 15, 2006, or such time as either party or the Court may request that the stay be lifted.. At that time, the parties will inform the Court of the status of the criminal case.

IT IS SO STIPULATED:

KEVIN V. RYAN United States Attorney

[PROPOSED] ORDER IT IS SO ORDERED.

20060727

© 1992-2006 VersusLaw Inc.



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