Opinion

United States v. Approximately $3,801,034.94 in U.S. Currency Seized From Citibank Account Number 206054579 Held in the Name of Arthur Ave. Consulting, Inc.

Court
District Court, E.D. California
Filed
Feb 7, 2022
Cited by
0 cases
Authority
More cited than 17.8%

The opinion

11 PHILLIP A. TALBERT

United States Attorney

22 JEFFREY A. SPIVAK

Assistant U.S. Attorney

33 2500 Tulare Street, Suite 4401

Fresno, CA 93721

44 (559) 497-4000 Telephone

(559) 497-4099 Facsimile

55

Attorneys for the United States

66

77

88 IN THE UNITED STATES DISTRICT COURT

99 EASTERN DISTRICT OF CALIFORNIA

1100

1111 UNITED STATES OF AMERICA, CASE NO. 1:15-CV-00954-DAD-EPG

1122 Plaintiff,

STIPULATION AND ORDER TO

1133 v. CONTINUE MANDATORY

SCHEDULING CONFERENCE FROM

1144 APPROXIMATELY $3,801,034.94 IN U.S. FEBRUARY 15, 2022, TO AUGUST

CURRENCY SEIZED FROM CITIBANK 30, 2022

1155 ACCOUNT NUMBER 206054579 HELD IN

THE NAME OF ARTHUR AVE.

1166 CONSULTING, INC.,

1177 APPROXIMATELY $21,865.67 IN U.S.

CURRENCY SEIZED FROM CITIBANK

1188 ACCOUNT NUMBER 205912785 HELD IN

THE NAME OF ARTHUR AVE.

1199 CONSULTING, INC.,

2200 APPROXIMATELY $2,031,022.25 IN U.S.

CURRENCY SEIZED FROM BANK OF

2211 AMERICA ACCOUNT NUMBER

325016557963 HELD IN THE NAME OF

2222 MARTEL 3D, LLC, and

APPROXIMATELY $120,883.59 IN U.S.

2233

CURRENCY SEIZED FROM BANK OF

AMERICA ACCOUNT NUMBER

2244

000577161654 HELD IN THE NAME OF

MARTEL 3D, LLC,

2255

2266

2277

11 APPROXIMATELY $50,000.00 SEIZED

FROM THE CALIFORNIA FRANCHISE

22 TAX BOARD, SOURCED FROM FUNDS

WITHDRAWN FROM BANK OF AMERICA

33 SAVINGS ACCOUNT NUMBER

325016557963, HELD IN THE NAME OF

44 MARTEL 3D, LLC, and

55 2011 BMX X3, VIN: 5UXX5C54BL716300,

66 Defendants.

77

88 The United States and Claimants Ara G. Dolarian, Arthur Ave. Consulting, Inc., Martel 3D

99 LLC, and Dolarian Capital, Inc. (hereafter “Dolarian Claimants”), by and through their respective

1100 counsel of record, submit the following Stipulated Request to Continue the Mandatory Scheduling

1111 Conference from February 15, 2022, to August 30, 2022.

1122 Introduction

1133 In June and December 2015, the United States filed civil forfeiture complaints in rem against

1144 the above-captioned assets (“defendant assets”), seeking forfeiture of the defendant assets because

1155 they are the proceeds of a criminal violation of the Arms Export Control Act (“AECA”), 22 U.S.C. §

1166 2778, et seq. The United States has served all known potential claimants to the defendant assets in a

1177 manner consistent with Dusenbery v. United States, 534 U.S. 161, 168 (2002) and the applicable

1188 statutory authority. The Dolarian Claimants have appeared in this case with the filing of their claims

1199 and answers to the complaints. See ECF Nos. 22 and 24.

2200 Further, the parties have stipulated to the consolidation of the two forfeiture actions, which was

2211 granted by the Court on April 5, 2019. See ECF No. 41. The parties jointly requested that the

2222 Scheduling Conference be rescheduled to December 29, 2021. See ECF No. 61. The Court

2233 rescheduled the Scheduling Conference for February 15, 2022. See ECF No. 62.

2244 Good Cause

2255 On May 15, 2019, a Criminal Complaint was filed against Ara G. Dolarian (“Defendant

2266 Dolarian”) and Dolarian Capital, Inc. (“DCI”) in the Eastern District of California, case number 1:19-

2277 CR-00138-NONE-SKO. A warrant for the arrest of Defendant Dolarian was issued that same day. On

11 complaint. Defendant Dolarian was charged by information on June 27, 2019, and subsequently

22 entered a change of plea to “guilty” on June 27, 2019. Mr. Dolarian’s sentencing hearing is presently

33 set for April 22, 2022. In light of the guilty plea and upcoming sentencing hearing, the parties have

44 conferred and agreed that the Mandatory Scheduling Conference should be continued to August 30,

55 2022.

66 This continuance of the Mandatory Scheduling Conference will allow the criminal matter to

77 resolve and a judgment entered by the Court. On this basis, the parties believe engaging in civil

88 discovery would not be productive. For this reason, and in the interests of judicial economy, the

99 parties have agreed to stipulate to continue the Mandatory Scheduling Conference to August 30, 2022

1100 (or to another date the Court deems appropriate).

1111 As explained above, the parties believe that this request is in the interests of justice. Therefore,

1122 good cause exists to continue the Mandatory Scheduling Conference from February 15, 2022, to

1133 August 30, 2022, or to a date the Court deems appropriate.

1144 Respectfully submitted,

1155 Dated: February 7, 2022 PHILLIP A. TALBERT

United States Attorney

1166

1177

/s/ Jeffrey A. Spivak

1188 JEFFREY A. SPIVAK

Assistant U.S. Attorney

1199

2200

2211 Dated: February 7, 2022 /s/ George B. Newhouse, Jr.

GEORGE B. NEWHOUSE, JR.

2222 Attorney for Claimants

(As approved by email on 2/7/22)

2233 ///

2244 ///

2255 ///

2266 ///

2277 ///

en nnn nee enn nn nn nn EOI II

1 ORDER

2 Pursuant to the stipulation of the parties and good cause appearing, the Court makes the

3 || following order: The Mandatory Scheduling Conference is continued from February 15, 2022, to August

4 || 30, 2022, at 10:00 am. The parties are also reminded to file a joint scheduling report one full week prior to

5 || the conference and email a copy of same, in Word format, to epgorders @caed.uscourts.gov, for the Judge's

6 || review. For telephonic appearances, each party is directed to use the following dial-in number and passcode:

7 || 1-888-251-2909; passcode 1024453.

8

9 IT IS SO ORDERED.

Dated: _ February 7, 2022 [Je hey —

UNITED STATES MAGISTRATE JUDGE

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4 Stinulation and Order to Continue Mandatory

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