United States of America v. $15,925.00 in U.S. Currency

Filing 15

ORDER granting 12 Motion to Stay. This case is stayed until completion of the state criminal case, including any potential appeal. The Clerk is directed to close this case for statistical purposes. Within thirty (30) days of the state case's resolution, the parties may move to reopen this aciton. Signed by Judge J. Randal Hall on 01/05/2015. (thb)

IN THE UNITED

STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

UNITED

STATES

OF AMERICA

*
*

v.

*

CV 114-194

*

$15,925.00 in U.S.

CURRENCY

*

ORDER

On

Motion

December

to

Stay

4,

2014,

Proceedings

action under 18 U.S.C.
Amendment
criminal

right

prosecution of

23,

in

Robbie

the

§ 981(g)(2)

against

Superior Court of

December

Claimant

instant

self-incrimination

Mr.

this

Bufkin

civil

filed

forfeiture

in

the

ongoing

Bufkin for similar conduct

Court

a

so as to preserve his Fifth

Taliaferro County,

2014,

Lee

Georgia.

denied

Mr.

(Doc.

in the

12.)

Bufkin's

On

request

without prejudice because in this Circuit a blanket assertion of

privilege does not
"continuation
right of

of

satisfy the
the

forfeiture

proceedings

requirement
will

burden

that
the

the claimant against self-incrimination in the related

investigation or case."
5,

§ 981(g)(2)(C)

Fox Grove,

(Doc. 13 at 2-3.)

Alachua Cnty. , Fla. , 23

United States v. Lot

F.3d 359,

364

(11th Cir.

1994) .

Mr.
special

Bufkin

has

since

interrogatories

presented

served by

the

the

Court

Government

with
in

certain

this

case

that,

if answered,

Amendment

right

indeed may impinge upon Mr.

against

criminal prosecution.
noted by the Court,
who

also

filed

a

self-incrimination

(Doc. 14 at 2.)

verified

See L.R.

GRANTS

stay.

claim

Robbie

Within

THIRTY

(30)

as previously

to

the

Defendant

which indicates

Currency,

they do not

Lee

Bufkin's

cause

now shown,

unopposed motion

the
to

This case is hereby STAYED until completion

of the state criminal case,
Clerk is DIRECTED

underlying

7.5, SDGa.

Claimant

(Doc. 12.)

the

Moreover,

Upon due consideration and for good
Court

in

Fifth

neither the Government nor Tanisha Bufkin,

responded to the Motion to Stay,
oppose it.

Buf kin's

including any potential appeal.

to CLOSE this
DAYS

of

the

case

The

for statistical purposes.

state

case's

resolution,

the

parties may move to reopen this action.
ORDER
January,

ENTERED

at

Augusta,

Georgia,

this

c—

day

of

2015.

HONORABLE J. RANDAL HALL
UNITED STATES DISTRICT JUDGE

SOUTHERN DISTRICT OF GEORGIA