Professional Documents
Culture Documents
1 LAWRENCE G. BROWN
Acting United States Attorney
2 SARALYN M. ANG-OLSON, SBN 197404
Special Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: (916)554-2700
5 Attorneys for Plaintiff
United States of America
6
7
8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 UNITED STATES OF AMERICA, ) 2:09-CV-00461-FCD-KJM
)
12 Plaintiff, ) JOINT STATUS REPORT,
) STIPULATION FOR FURTHER
13 v. ) JOINT STATUS REPORT, AND
) ORDER
14 APPROXIMATELY $133,803.53 IN U.S. )
CURRENCY SEIZED FROM WASHINGTON )
15 MUTUAL BANK, N.A., ACCOUNT )
#4420842802, HELD IN THE NAME OF )
16 ADVANTAGE FINANCIAL GROUP HOLDINGS )
MANAGEMENT LLC, and )
17 )
APPROXIMATELY $328,495.75 IN U.S. )
18 CURRENCY SEIZED FROM WASHINGTON )
MUTUAL BANK, N.A., ACCOUNT )
19 #4412174338, HELD IN THE NAME OF )
LOOMIS WEALTH SOLUTIONS LLC, )
20 )
Defendants. )
21 )
22 Plaintiff United States of America (“Plaintiff”) and
23 Flagstar Bank (“Claimant” or “Flagstar”) (collectively, the
24 “Parties”) submit the following Joint Status Report and Proposed
25 Order in accordance with the Court’s Order Requiring Joint Status
26 Report, as filed on February 18, 2009 in this action.
27 //
28 //
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Case 2:09-cv-00461-FCD-KJM Document 14 Filed 05/21/2009 Page 2 of 7
1 (a) Brief summary of the claims and legal theories under which
recovery is sought or liability is denied:
2
3 The United States alleges in the Verified Complaint for
4 Forfeiture In Rem (“Verified Complaint”) that defendants
5 Approximately $133,803.53 in U.S. Currency seized from Washington
6 Mutual Bank and Approximately $328,495.75 in U.S. Currency seized
7 from Washington Mutual Bank (collectively, the “Defendant Funds”)
8 are forfeitable to the United States because they are proceeds
9 traceable to violations of 18 U.S.C. § 1014 (loan and credit
10 fraud), 18 U.S.C. § 1028(a)(7) (identification document fraud),
11 18 U.S.C. § 1341 (mail fraud), 18 U.S.C. § 1343 (wire fraud),
12 and/or 18 U.S.C. § 1344 (bank fraud), and because they are
13 properties involved in a transaction or attempted transaction in
14 violation of 18 U.S.C. §§ 1956 (money laundering) and 1957(a)
15 (illegal money transaction), or are traceable to such properties.
16 Flagstar Bank contends it is the beneficiary of a
17 constructive trust in the Defendant Funds as victim of the fraud
18 described in the Declaration of Kathleen Nicolls attached to and
19 incorporated in the Verified Complaint. As a result of the fraud
20 described therein, Flagstar contends that it has an ownership
21 interest in the Defendant Funds which were wrongfully detained,
22 and that the United States acquired the Defendant Funds impressed
23 with a constructive trust.
24 (b) Status of service upon all defendants and cross-defendants:
25 The Warrant for Arrest of Article In Rem was issued in this
26 action on February 17, 2009 and was served on defendant funds on
27 February 19, 2009.
28 //
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Case 2:09-cv-00461-FCD-KJM Document 14 Filed 05/21/2009 Page 7 of 7
1 ORDER
2 For the reasons set forth above, the parties shall submit a
3 further Joint Status Report on or before July 30, 2009.
4
IT IS SO ORDERED.
5
6 Dated: May 21, 2009
_______________________________________
7 FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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