USA v. $30,000 in United States Currency

Filing 12

ORDER STAYING CASE, granting 11 First MOTION to Stay filed by Zai Z. Zhu. Claimant is directed to file a status report on or before April 18, 2016. Signed by Judge Staci M. Yandle on 3/14/2016. (rlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
UNITED STATES OF AMERICA,
Plaintiff,
vs.

Case No. 15-cv-1308-SMY-SCW

$30,000.00 IN UNITED STATES
CURRENCY,
Defendant.

ORDER STAYING CASE
In June of 2015, the United States seized $30,000.00 at a location within the jurisdiction
of this Court. The Government seeks an order of forfeiture and alleges the property constitutes
money furnished or intended to be furnished by a person in exchange for a controlled substance,
or proceeds traceable to such an exchange, or money used to facilitate a violation of 21 U.S.C. §
801 et seq.
On January 12, 2016, Zai Z. Zhu (hereinafter, “Claimant”) filed a claim as the rightful
and full owner of the property (Doc. 6). However, because he is the subject of a related criminal
investigation (criminal case no. 2015-CF-002455 in Madison County, Illinois), Claimant filed a
motion to stay this forfeiture action (Doc. 11). Specifically, Claimant requests a continuance of
this case in order to preserve his right against self-incrimination in the criminal investigation—a
right which may be affected in the answering of discovery in this case. The Government has no
objection.
Pursuant to 18 U.S.C. § 981(g)(2), a district court shall stay a civil forfeiture proceeding
upon a claimant's motion if the court determines that:
(A) the claimant is the subject of a related criminal investigation or case;

(B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and
(C) continuation of the forfeiture proceeding will burden the right of the claimant against
self-incrimination in the related investigation or case. United States v. Funds in Amount of
$495,744, 596 F. App'x 494, 497 (7th Cir. 2015); See also United States v. Funds in the Amount
of $574,840, 719 F.3d 648, 650 (7th Cir.2013). Claimant Zhu satisfies these conditions.
Accordingly, Claimant’s motion is GRANTED and this case is STAYED.
Further, the Claimant shall keep the Court apprised of the status of Madison County Case
No. 2015-CF-002455. A search of the Madison County Circuit Court docket reveals an
upcoming court date for Case No. 2015-CF-002455 on April 4, 2016 before Judge Richard
Tognarelli. Thus, the Court DIRECTS Claimant to file a status report with this Court on or
before April 18, 2016.

IT IS SO ORDERED.
DATE: March 14, 2016

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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