United States of America v. $1,002,327.00 in United States Currency et al

Filing 10

ORDER Granting 9 Motion to Unseal and Lift Stay. Signed by Judge Jennifer A. Dorsey on 1/23/2014. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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United States of America,
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Plaintiff,
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v.
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$1,002,327.00 in United States Currency,
seized from Fidelity Account No.
xxxxx9730, et al.,

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Defendants.
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Case No.: 2:13-cv-947-JAD-CWH
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) Order Granting Motion to Unseal and Lift
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Stay [Doc. 9]
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On May 29, 2013, the United States filed this in rem civil forfeiture action against

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three specific amounts of United States currency and two vehicles, which it alleges were

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procured with funds from the sale of “spice,” a controlled-substance analogue produced in

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violation of 21 U.S.C. § 801 et seq. Doc. 1. The government contends that the defendant-

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assets were (1) furnished or intended to be furnished in exchange for controlled substances

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(Count 1), are proceeds traceable to exchanges of controlled substances (Count 2), were used

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or were intended to be used to facilitate violations of Title II of the Controlled Substances

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Act (Count 3), involved in transactions or attempted transactions in violation of 18 U.S.C. §

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1956, or are properties traceable to such properties (Count 4).

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On June 6, 2013, the government moved ex parte to seal and stay the proceedings in

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this case, “to avoid adversely affecting the ongoing grand jury investigation, the grand jury

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information, the ongoing criminal investigation, the telephone wire tap information, the

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consensual monitoring information, the undercover law enforcement officer, and the

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cooperating informants.” Doc. 2 at 5. The government argued that “[i]n both cases, the
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parties are the same; the witnesses are the same; the facts are the same; and the circumstances

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are the same. To continue with the forfeiture action at this time would frustrate and inhibit

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the orderly completion of the criminal investigation and grand jury investigation by allowing

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civil discovery, which could prematurely disclose sensitive details of the criminal case.” Id.

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at 10-11. The District Court granted this motion on June 25, 2013. Doc. 6 at 11.

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On January 21, 2014, the government moved to unseal this case and lift the stay, Doc.

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9, stating, “without waiving, or commenting further, on the viability of a criminal case

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against any or all of the principals in this civil forfeiture action, the United States represents

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that it has no further objection to unsealing this case; nor does it object to the stay being lifted

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and the case moving forward.” Id. at 3.
In light of these developments and the apparent evaporation of the reason previously

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justifying both the sealing of this matter and a stay, and with good cause appearing and no

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reason for delay,

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It is HEREBY ORDERED that the Government’s Motion to Unseal and Lift Stay
[Doc. 9] is GRANTED. The case shall be unsealed and the stay is hereby lifted.
DATED: January 23, 2013.

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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE

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