Usdc-Nvl
Stake Center Locating, Inc. v. United States District Court
Opinion
Opinion
Petitioner Stake Center Locating, Inc. (“Stake Center”) petitions for a writ of mandamus reversing the district court’s denial of its motion for forfeiture under 18U.S.C. § 3771, the Crime Victims’ Rights Act (“CVRA”).
In the underlying criminal action, Deborah DiFraneeseo, a former employee of Stake Center, was charged with crimes stemming from her embezzlement of funds from Stake Center and other victims, and pleaded guilty to one count of tax evasion and three- counts of wire fraud. Pursuant to her plea agreement, DiFrancesco agreed to make restitution to Stake Center in the amount of $763,846. Stake Center moved the district court to compel the government to institute criminal forfeiture proceedings and to obtain property allegedly traceable to DiFraneesco’s crimes and thus subject to forfeiture from third parties. The district court denied this motion.
We have jurisdiction under 18 U.S.C. § 3771 (d)(3). In reviewing a CVRA mandamus petition, we need not balance the usual factors under Bauman v. United States District Court, 557 F.2d 650, 654-55 (9th Cir.1977), but rather “must issue the writ whenever we find that the district court’s order reflects an abuse of…