United States of America v. $160,280.00 in U.S. Currency

Filing 18

MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 6/8/2015. (kns, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
SOli them Divisioll

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

Case No.: GJH-14-3805

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$160,280.00 IN U.S. CURRENCY
Defendant.

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MEMORANDUM

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OPINION

The United States of America ("the Government") has filed a Motion to Stay in this
forfeiture in rem action against Defendant, $ I60,280.00 in U.S. currency. asserting that
discovery in this case will interfere with and prejudice a related pending State criminal case. See
ECF No. 13. The Claimant, Tekita Ali, opposes the motion to stay, contending that the criminal
case is not related to and will not be prejudiced by discovery in this case. See ECF No. 15. For
the reasons stated below, the Government's Motion to Stay is Granted.
I.

BACKGROUND
On February 20, 20 I 3, the Drug Enforcement Administration

C'DEA") learned of the

drug trafficking activities of Amir Ali. See ECF No. I - I at I. To further their investigation,
the DEA used a cooperating

source to purchase crack cocaine from Ali on February 2 I st,

May 7th, and June 16th 01'2014. See id at 1-2. On July 3 I, 20 I4, the DEA learned that Ali
had been murdered in his home, and the DEA obtained a search warrant for a safe in Ali's
home. See id. at 2. From the safe. the DEA seized the money which is the subject of this

forfeiture

See id. The Government

action-$160,280.00.

commenced

U.S.c.

~ 881 (a)(6) because

for a controlled

substance

alleges that the currency
it was money furnished
in violation

traceable

to such an exchange,

violation.

is subject to forfeiture
and intended

of the Controlled

pursuant

to be furnished

Substances

and was used and intended

action

in rem on December 5, 2014. See

in this Court against this property by filing a veritied complaint
ECF NO.1. The Government

a civil forfeiture

in exchange

Act. constituted

proceeds

See id.

Tekita Ali, personal representative

of Ali's Estate ("Claimant"),

tiled a verified claim and

Order pursuant to which the parties have exchanged

letter from Prince George's

County Assistant

April 6, 2015, the Government
murder, is scheduled

such

on January 6, 2015. See ECF NO.4 & 5. On February 2, 2015, this Court

answer to the property
issued a Scheduling

to be used to facilitate

to 21

State's Attorney

("ASA")

was advised that Arnold Johnson,

discovery

requests.

Wennesa Snoddy dated

the person accused of Ali's

to go to trial in the Circuit C01ll1 for Prince George's

County on July 14,

2015.1 See ECF No. 17 at 2 n.l. ASA Snoddy advised that the State murder prosecution
federal civil forfeiture
evidence,

action are intertwined

witness statements,

subject of pending or future civil discovery
prosecution

of Mr. Johnson

and that the release of any documents,

police files, correspondence

II.

that may be the

for the murder of Mr. Ali." Id. The Government

the

filed a Motion to

opposes the request. See ECF Nos. 13, 15 & 17.

DISCUSSION
18 U.S.c.

S 981(g)(I)

stay the civil forfeiture

The trial was originally
at 2 n.1.
I

and other materials

and the

physical

requests in the federal case "may prejudice

Stay this case on April 20, 2015, and Claimant

By

provides:

proceeding

scheduled

"[u]pon the motion of the United States, the court shall

if the court determines

that civil discovery

for June I, 2015 but was postponed.

2

will adversely

See ECF No. 13-2 & 17

affect the ability of the Government
of a related criminal case:'

to conduct a related criminal investigation

or the prosecution

Given the language of the statute, if a related criminal action is

pending and the Government

shows that good cause exists to stay the forfeiture

proceeding,

then

the district court must grant a stay. See United States v. All Fund,' in Suntrust Account Number

xxxxxxxxx8350. in Name of Gold & Silver Reserve. Inc., 456 F.Supp. 2d 64, 65 (D.D.C. 2006).
"In determining
proceeding,

whether a criminal case or investigation

the court shall consider the degree of similarity

and circumstances
anyone

is 'related'

involved

or more factors."

in the two proceedings,

to a civil forfeiture

between the parties. witnesses,

facts.

without requiring an identity with respect to

18 U .S.C. ~ 981 (g)( 4). To show good cause for staying a related

forfeiture

case, the "(G]overnment

adversely

affect the investigation

must make an actual showing that civil discovery
or prosecution

will

of a related criminal case:' All Fund,' in

Suntrust Account Number xxxxxxxxx8350, in Name of Gold & Silver Reserve. Inc., 456 F.Supp.
2d at 65 (citations

omitted).

same day, he was murdered
Government

Here, the funds were seized from Ali's residence

aller, but on the

in his home. See ECF No. 13 at 1 & ECF No. 15 at 1-2. The

asks the Court to stay the litigation during the trial of Arnold Johnson,

who is

charged with Ali's murder. See ECF No. 13.
The Court is satisfied that the two cases are related. Claimant
not related because there are no common
there is no factual connection
murder.

declaration

between the forfeiture

for Ali's home, which led to the seizure of the currency.

and his

the murder of Ali arose

See ECF No. 13 at 5. Further, the

veri fied complaint

3

cases and

of funds seized from Ali's residence

activity giving rise to the forfeiture.

that is part of the Government's

that the cases arc

parties between the criminal and forfeiture

See ECF No. 15 at 3. However. according to the Government,

out of the trafficking

contends

explains that the search warrant

was obtained and executed

on the day of

his murder. See ECF NO.1-I. Thus, the Government explains that the testimony of the officers
who investigated Ali's house on the night of the murder will be a significant part of both the
forfeiture case and the State's murder case. See ECF No. 17 at 2. Indeed, Claimant's current
discovery requests ask for information related to the murder of Ali, including asking officers to
describe their involvement in the murder investigation. See id. at 3-4.
The Court is also satisfied that discovery in this case would adversely affect the State's
prosecution in the related criminal case. Again, Claimant's current discovery requests ask for
information relating to Ali's murder investigation. See id. at 3-4. Nonetheless, Claimant asserts
that discovery in the forfeiture case will not disrupt the criminal case because the State has an
open file policy and has already turned all evidence and witness statements over to the defendant
in the criminal case. See ECF No. 15 at 3-4. The Government responds that a significant portion
of the evidence is relevant to both proceedings. See ECF No. 17 at 1-2. The Government
contends that discovery in the forfeiture case would include depositions, interrogatories, and
affidavits, which would be broader than what the defense would receive from law enforcement
officers in the criminal case. See id. at 2. "Where civil discovery would subject the
(G]overnment's

criminal investigation to 'early and broader civil discovery than would

otherwise be possible in the context of the criminal proceeding,' a stay should be granted:' See
All Funds in Slmtrust Account Number xxxxxxxxx8350.

in Name of'Gold & Silver Reserve. Inc.,
.

.

456 F.Supp. 2d at 65-66 (citation omitted). Requiring the Government in this civil case to
answer interrogatories concerning facts related to the criminal investigation or produce
testimonial declarations from officers who conducted the investigation of Ali's home would
create a risk of harm to the State's criminal prosecution. See U.S. v. 52-17,(J52.5-1, 2007 WL
2009799 at *2-3 (N.D. Cali. July 6, 2007); U.S. v. 51.026.781.61

4

in Funds From Florida Capital

Bank, 2013 WL 4714188 at *2 (C.D. Cali. July 29,2013).
14,2015

in the Circuit Court for Prince George's

The murder trial is scheduled for July

County, Maryland. See ECF No. 13-2. Thus.

this stay should be short in length and should not be a significant
III.

burden on the parties.

CONCLUSION
For the reasons above, the Court will grant the Government's

proceeding
George's

until the conclusion
County, Maryland,

a status report following
August 11,2015,

request for stay of this

of the related State murder trial of Arnold Johnson

which is scheduled to begin July 14,2015.

the conclusion

of the criminal prosecution,

The parties shall submit
but in no event later than

advising the Court as to whether the stay may be lifted.

A separate Order shall issue.

Dated: June

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, 2015

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GEORGE J. HAZEL'
United States District Judge

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in Prince