Sandra Sasert

From: Sent: To: Cc: Subject:

Parham, Greg (USACAC) IGreg.Parham Ousdoj.gov] Friday, May 17J 20135:06 PM Moses Johnson; Jesse Penunuri; DOYLE, DOUGLAS S; Kowal, David (USACAC) Mertus, David D. (OEA-US); Sandra Sagert; Sylvia Frias RE: City of Anaheim: Tony Jalali fights civil forfeiture

Thanks. Yes} Mr. Pappas} press secretary has certainly been busy. 1 am meeting with him Tuesday afternoon to meet and confer on some other matters. I am inclined to have him patted down for a recording device.

GP

From: Moses Johnson [mailto:MJohnson@anahelm.net) Sent: Friday, May 17, 2013 5:01 PM To: Parham, Greg (USACAC); Jesse Penunurii DOYlE, DOUGLAS Si Kowal, David (USACAC) Cc: Mertus, David D. (DEA-US); Sandra sagert; Sylvia Frias Subject: RE: CIty of Anaheim: Tony Jalali fights dvll folfelture

Greg,

FYI~OC Weekly's latest story. See pasted below.

Thanks,

Moses

Feds Still Targeting Medical Marijuana Dispensary Profiled by Weekly

By Nick Schou Fri., May 17 2013 at 10:51 AM

Jay Brockman In my dead-tree edition of the Bong Blotter this week, about the ongoing ootpocalypse in Orange County, I quoted the wheelchair-bound medical marijuana activist Marla James about her difficulties in finding a location for her cannabis collective, Patient Med-Aid. Patient Med-Aid is a group of severely-ill patients I profiled last November in my story. "Sick Enough to Smoke."

After the feds targeted the club and others in Anaheim, James was able to re-open Patient Med-Aid in Sunset Beach. Then, the cops effective]y shut it down by parkini a police car in front of the dub. James reopened the club but is already shutting it down again. ""Welre working with the city to find a location in an industrial zone,tl James told me this week. "But I have to say it's a bitch to find a landlord who will rent to Us.'~

Now I know why James is having such a hard time finding a landlord.

Yesterday, Jamest attorney, Matthew Pappas, provided me with an email exchange between him and U.S. attorney Greg Parham in which Parham states that he had contacted Patient Med-Aid's most recent landlord in Sunset Beach and threatened to seize the building. That threat came in the form of a March 13 letter.

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Parham then followed up this month and demanded to know when the collective would be evicted. "She [the land1ord] said that she had received our warning letter and had asked the tenant to leave, II Parham says his the email. 111 asked if she had any timeframe when the tenants were expected to be gone. She added that they were supposed to be gone by May 7, 2013, but have not vacated yet."

In response to Parham's email, Pappas congratulated Parham in his efforts to stymie a group of sick California residents from exercising their rights under state law. ··Patient Med-Aid and Marla James are !!!!! the peop]e you want to be targeting, Greg, n he added.

In all fairness, though, ies no surprise Parham is going after Patient Med-Aid. After aU, he's the same attorney who is going after Tony Jalali and his dentist wife, the couple that owns the building the DEA targeted over $37 in medical marijuana sales, causing even the judee in that case to Question Parhamls judgment.

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From: Moses Johnson Sent: Thursday, May 16, 2013 3:16 PM To: 'Parham, Greg (USACAC)ji Jesse Penunuri; DOYLE, DOUGLAS S; Kowal, David (U5ACAC) Cc: Mettus, David D. (DEA-US); sandra Sagert; Sylvia Frias Subject: RE: Ctty of Anaheim: Tony Jalali fights eMI forfeiture

Greg,

See today's OC Register editorial re Tony Jalali pasted below.

What evidence exists to rebut this editorial?

Thanks.,

Moses

EDITORIALS Seizure case offends property rights Anaheim, feds trying to take office building that rented to medical pot sellers. Anaheim small business owner Tony Jalali has done nothing wrong. He isn't charged with any crime. Yet, the city of Anaheim and the federal government are trying to take his property, using federal asset forfeiture laws that do not require a court conviction. Mr. Jalali rented a space in his office building on Ball Road to two medical-marijuana dispensaries, evicting them after federal officials objected to the dispensaries, even though -under California's Proposition 215, passed by voters in 1996 - medical marijuana is legal in the Golden State. Similar property seizures were prohibited by California in 1994 with the passage of Assembly Billl14 t by Assemblyman John Burton., D-San Francisco; he now is the chairman of the state Democratic Party. At the time, he formed a "strange bedfel1ows" coalition to advance the reform with the late Assemblyman Gil Ferguson, R-Newport Beach, long a conservative stalwart. Those lawmakers acted in response to police departments using forfeiture laws to seize property for little or no reason, then sometimes misusing the proceeds. For example, in 1992 the Register

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reported, ''No one looked twice when [Newport Beach] PoHce Chief Arb Campbell cruised around town in a [Mercedes-Benz] 500 SEL that officers had seized during a 1991 drug bust." Property still can be seized under state law t but only after a trial. And the proceeds go to the state treasury, not to the 10cal jurisdiction. Unfortunately, federal civil asset .. forfeiture laws allow governments to seize private property without ever charging the owner with a crime, with the proceeds from selling the property shared by the federal government and the municipality. The Institute for Justice" a civil-rights group based in Washington, D.C.~ has come to the defense of Mr. Jalali, arguing that the seizure action against his building is an unconstitutional "taking" under the Fourth Amendment. "The city teamed up with the feds to do an end run around the state law,u IJ attorney Scott Bullock told us. He said that, under federal law, the Anaheim Police Department would get 80 percent and the federal government 20 percent of the proceeds from the sale of Mr. Jalali's building. This case amounts to an intolerable affront to private property rights. Anaheim's role is especially troubling - even hypocritical- because the city-owned Anaheim Convention Center plays host annually to one of the largest medical marijuana conferences in the world. Furthennore, President Obama, when asked by Barbara Walters about his administration prosecuting medical marijuana dispensaries, replied that there were ''bigger fish to fry." Both the city and the Justice Department should drop their pursuit of Mr. Jalali's property, and the Anaheim City Council should take the lead in addressing this critically important issue. The sad irony is that Mr. Jalili is an immigrant who fled Iran's repressive government in search of a better life. It's unacceptable that be's now persecuted in the land of liberty.

From: Parham, Greg (USACAC) [mailto:Greg.parham@usdqi,gOV] Sent: Thursday, May 02,20134:17 PM To: Moses Johnsonj Jesse Penunurf~ DOYLE, DOUGLAS 5; Kowal, David (USACAC) Cc: Mertus, David D. (O.EA-US); sandra Sagert; SyMa Frias Subject; RE: aty of Anaheim: Tony JalaJi fights dvil forfeiture

Based on the wild allegations they make in the answer and counter-claim, it is possible. At the very least, I know Pappas has indicated they wish to depose representatives of the city.

GP

From.: Moses Johnson [maUtQ;MJohoson@anabeim,netJ Sent: Thursday, May 02, 20134:16 PM To: Parham, Greg (USACAC); Jesse PenunurJ; DOYLE, DOUGlAS S; Kowal, DaVid (U5ACAC) CC: Mertus, David O. (DEA-US); Sandra Sagertj Sylvia Frias Subject: RE: Ctty of Anaheim: Tony Jalali fights civil forfeiture

Greg,

Thanks for the counter-claim.

Doyou think they will bring in the City as a Doe?

Moses

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From: Parham, Greg (USA.CAC) fmaUto:Greg,farbam@usdQj.gov] sent: Thursday, May 02,2013 3!30 PM To: Moses Johnson; Jesse Penunuri; DOYLE, DOUGlAS S; Kowal, David (USACAC) Cc:: Mertus, David D. (DEA-US)i Sandra 5agert; Svlvla Frias Subject: RE: aty of Anaheim: Tony Jalali fights dvll forfeiture

All:

The lawyers from the Hlnstitute for Justice" are in the process of joining the defense team on our forfeiture action. That case Is still pending before Judge Guilford in Santa Ana, The defense just filed a counter-claim that raises interesting injunctive relief theories and suggests that the city and the government were conspiring to trample individual's state rights. I have attached a copy of the answer/counter-claim. I will Hkely position this case for a summary judgment motion. Howeverl Guilford has not been the best draw on some of our marijuana related actions.

P, Greg Parham/ Assistant United States Attorney U.S. Attorney's Office Asset Forfeiture Section 312 N. Spring Street, 14th Floor Los Angeles, CA 90012

(213) 894-6528 (office) (213) 894-7177 (fax) (213) 393--9881 (cell) mi.parbam@usdoi.gQv

CONFIDENTIALITY NOTE: This communication contains Information belonging to the UNITED STATES DEPARTMENT OF JUSTICE, which Is confidential. The Information Is Intended onty for the use of the individual or entity named above .. If you are not the intended recipient, you are her-eby notified that Bny disclosure, topylnl~ distribution, or the taking of any action in reliance on the contents of said information is strictlv prohibited. If you have received this communication bverrDr, please delete It from your computer and natHy us Immediately.

From: Moses Johnson [maittojMJohnson@aoahelm.oet] Sent: Thursday, May 02, 2013 3:04 PM To: Jesse Penunurij Parham, Greg (USACAC)i DOYLE, DOUGLAS Si Kowal, David (USACAC) Cc: Mertus1 David D. (OEA-US); Sandra sagert; Sylvia Frias Subject: Oty of Anaheim: Tony Jatali fights civil forfeiture

DavJd and GregJ

FYI-see DC Register online article pasted below ..

Greg, what is the status of your federal case?

Thanks,

Moses

P.S. The CA Supreme Court should rule on Monday re Riverside MMD ban.

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Bullock & Salzman: Landlord fights building • seIzure

BySCOTTBULLOCKandLARRYSA~AN

2013-05-01 08:41:03 Anaheim small-business owner Tony Jalali fled Iran in 1978 for a better life in the land of liberty, but be soon may find his American Dream unconstitutionally taken from him by the city of Anaheim and the U.S. Attorney's Office for Southern California in a ploy that should leave most Americans shaking their heads in disgust. Jalali faces the loss of his well-maintained office building if the city and the federal government get away with an attempt to do an end-run around California laws. Over the past few years, Jalali rented out his small office building on Ball Road to numerous businesses t

including two medical marijuana dispensaries - businesses that are legal in California. lalali felt comfortable doing this because, not only is medical marijuana legal under California law, but Anaheim itself since 2010 has hosted the world's largest marijuana trade show in its city-owned Anaheim Convention Center (and is slated to host again in July). The federal government, right up to the president of the United States. said it had "bigger fish to fry'. than to undermine state laws on medical marijuana. The city asked government attorneys to take J alalits property through drug-related civil forfeiture - which allows the government to take and sell your property without ever charging you with a crime, let alone convicting you of one. To make the deal sweeter for both the city and the feds, through a program called .. equitable sharing," Anaheim and its police would collect up to 80 percent of any bounty seized, while the federal government would bank the remaining 20 percent. The property owner would be left with nothing. Civil fotfeiture represents one of the greatest threats in the nation to property rights. To make matters worse~ such forfeitures fund law enforcement budgets, giving officials ,a direct financial incentive to abuse this power. Civil forfeiture has become the federal governmenfs weapon of choice in its battle against states that have legalized medical marijuana - leaving small property owners as victims caught in the crossfU'e. That is why Tony Jalali has joined with the Institute for Justice to defend his property. Jalali and D attorneys plan to ask a federal judge today to dismiss the forfeiture case and to declare the forfeiture process unconstitutional. The conflict between federal, state and local policies has created a trap for J alaE that could cost him his life savings. The city and the federal governments not only have failed to act with integrity, but, by using civil forfeiture. they stand to profit from their duplicity. More than 1,000 dispensaries and their landlords in California and other states have been threatened with drug­related fodeiture during the past year. Further, the federal government has said that it is still considering its poHcy to enforce a prohibition on marijuana in Washington and Colorado, which recently made marijuana legal for recreational, as well as medicinal, use. By fighting for his rights, Tony Jalali will not only defend his own property but his case will go a long way to laying down constitutional ground rules protecting the rights of property owners caught in these and future conflicts between federal and state law. Scott Bullock and Larry Salzman are attorneys with the Institute for Justice. For more information, visit wW.w..ii.org. From~ Jesse Penunuri Sent: Thursday, Apr" 04, 2013 7:28 AM To: Parham, Greg {USACAC); DOYLE, DOUGLAS Si Kowal, David (USACAC) Cc: Mertus, DaYkl D. (DEA-US)j Sandra Sagert; Moses Johnson; Sylvia Frias Subject: RE: 4506 E. La Palma, Anaheim (PAMA)

Thanks everyone, another MMD off our list.

From: Parham, Greg (USACAC) [mallto:Greg.parham@Ysdoj.gov] Sent: Wednesday, April 031 20134:39 PM

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