USA v. $32,687.00 in U.S. Currency

Filing 24

Order: The United States' Motion to Stay Civil Forfeiture Proceedings 23 is GRANTED. This case is STAYED and ADMINISTRATIVELY CLOSED pending the completion of all proceedings, including sentencing, in the criminal case of United States v. Sod am Terrill McKinon, Jr., 8:11-cr-620-T-23TBM. The Government shall notify this Court in writing after the final disposition of the criminal case when the stay of this matter should be lifted. The Clerk is directed to administratively close this case pending further Order of the Court. Signed by Judge Virginia M. Hernandez Covington on 3/13/2012. (MEB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
Case No.: 8:11-cv-1161-T-33TBM
v.
$32,687.00 IN U.S. CURRENCY,
Defendant.
______________________________/
ORDER
This cause is before the Court pursuant to the United
States’ Motion to Stay Civil Forfeiture Proceedings (Doc. #
23), filed on February 27, 2012.

The Claimant, Sodom T.

McKinon, Jr., did not file a response to the motion within the
time parameters of Local Rule 3.01(b), and the time for doing
so has elapsed. Accordingly, the Court considers the motion
unopposed. For the reasons that follow, the Court grants the
motion.
Discussion
On May 25, 2011, the United States initiated this action
by filing a verified complaint for forfeiture in rem, alleging
that the defendant funds were seized by the Drug Enforcement
Administration on November 5, 2010, as proceeds of controlled
substance offenses and are therefore subject to forfeiture
under 21 U.S.C. § 881(a)(6). (Doc. # 1).

Claimant Sodom T.

McKinon, Jr. filed a Statement of Right or Interest in the
defendant funds on July 6, 2011, and filed an answer to the
complaint on July 22, 2011. (Doc. ## 8, 9).
On December 13, 2011, a federal grand jury returned an
indictment

in

case

number

8:11-cr-620-T-23TBM,

charging

Claimant with several controlled substance offenses (“the
criminal case”).

The Government filed a Bill of Particulars

in the criminal case on February 27, 2012, stating that the
defendant funds which are subject to forfeiture in the instant
civil case are also subject to forfeiture in the criminal
case.

That same day, the Government filed a motion to stay

the instant civil case until the related criminal case “has
been disposed of at the trial court level and all proceedings
in that matter, including sentencing, have been completed.”
(Doc. # 23).
As grounds for the stay, the Government argues that
proceeding with the instant civil case at this point “would
adversely affect the ability of the Government to prosecute
the related criminal case without burdening the Claimant’s
right against self-incrimination.”

Id.

Further, substantial

time and resources will be saved if the Government proves the
forfeiture of the defendant funds in the criminal case, as
such would obviate the need for litigation in the instant
-2-

civil case. Id.
The Government’s points are well-taken. Accordingly, the
Court determines that it is appropriate to stay the instant
civil case pending the completion of the criminal case.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

The

United

States’

Motion

to

Stay

Proceedings (Doc. # 23) is GRANTED.

Civil

Forfeiture

This case is stayed

pending the completion of all proceedings, including
sentencing, in the criminal case of United States v.
Sodam Terrill McKinon, Jr., 8:11-cr-620-T-23TBM.
(2)

The Government shall notify this Court in writing after
the final disposition of the criminal case of United
States v. Sodam Terrill McKinon, Jr., 8:11-cr-620-T23TBM, when the stay of this matter should be lifted.
DONE and ORDERED in Chambers, in Tampa, Florida, this

13th day of March, 2012.

Copies:
All Counsel and Parties of Record

-3-