United States of America v. $503,000.42 in U. S. Currency

Filing 19

ORDER granting 16 Motion to Stay - The Court STAYS these proceedings until the related criminal prosecution has been concluded. The Court GRANTS the Motion to Extend the Discovery Period to a date ninety (90) days following the conclusion of the related criminal prosecution. Counsel for the Claimant shall PROMPTLY notify this Court and counsel for the government when such prosecution has concluded. Signed by District Judge Louise Wood Flanagan on 10/23/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO.: 5:15-CV-150-FL

UNITED STATES OF AMERICA,
Plaintiff,
v.
$503,000.42 IN U.S. CURRENCY,
Defendant,
APRIL BARNES ETHRIDGE,
Claimant.

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ORDER GRANTING MOTION FOR STAY AND FOR
EXTENSION OF TIME DISCOVERY PERIOD

Pending before the Court is the Consent Motion to Stay [# 16]. Claimant moves pursuant
to 18 U.S.C. § 981(g)(2) to stay this civil forfeiture proceeding. The Court GRANTS the
Motion to Stay [# 16].
I. Analysis
Section 981(g)(2) provides that upon the filing of a motion by a claimant, the Court shall
stay a civil forfeiture proceeding where: (1) the claimant is the subject of a related
criminal case or investigation; (2); the claimant has standing to assert a claim in the civil
forfeiture proceeding; and (3) the continuation of the forfeiture proceeding would burden
the right of the claimant against self-incrimination in the related criminal case. 18 U.S.C.
§ 981(g)(2). The statute further defines what constitutes a related criminal case or related
criminal investigation:
In this subsection, the terms "related criminal case" and "related criminal investigation"
mean an actual prosecution or investigation in progress at the time at which the request
for the stay . . . is made. In determining whether a criminal case or investigation is
"related" to a civil forfeiture proceeding, the court shall consider the degree of similarity
between the parties, witnesses, facts, and circumstances involved in the two proceedings,
without requiring an identity with respect to any one or more factors.

18 U.S.C. § 981(g)(4); see also United States v. Approximately $345,762.38, No.
3:09cv385, 2009 U.S. Dist. LEXIS 97221, 2009 WL 3230608 (W.D.N.C. Oct. 1, 2009)
(Keesler, Mag. J.).
Upon a review of the record in this case, the Courts finds that a related criminal case is
currently ongoing that involves similar facts, witnesses, and circumstances to this civil
forfeiture proceeding. Moreover, Claimant has standing to assert a claim in these
forfeiture proceedings. Finally, a stay of these proceedings is warranted pursuant to
Section 981(g) because civil discovery will burden Claimant's right against selfincrimination in the related criminal case. See 18 U.S.C. § 981(g)(2).
The Court, therefore, GRANTS the Motion to Stay [# 16] and stays these proceedings
until such time as the related criminal proceedings have been finally determined.
Claimant, with the concurrence of the government also seeks to extend the discovery
period for ninety (90) days following the date when the related criminal prosecution is
concluded. The Case Management Order [#13] provides that discovery shall be complete
by October 14, 2015. The Court finds that because of the pendency of the related criminal
prosecution, the parties have been effectively unable to conduct or complete discover
within this period, and that the parties will reasonably need ninety (90) days following
the conclusion of the criminal prosecution in which to conduct discovery. The Court,
therefore, GRANTS the Motion to Extend the Discovery Period. The parties shall have
ninety (90) days following the conclusion of the related criminal prosecution with which
to complete discovery. Counsel for the Claimant shall PROMPTLY notify this Court and
counsel for the government when such prosecution has concluded.
II. Conclusion
The Court GRANTS the Motion to Stay [# 16]. The Court STAYS these proceedings
until the related criminal prosecution has been concluded. The Court GRANTS the
Motion to Extend the Discovery Period to a date ninety (90) days following the
conclusion of the related criminal prosecution. Counsel for the Claimant shall
PROMPTLY notify this Court and counsel for the government when such prosecution
has concluded.
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Signed: October __ , 2015

LOUISE W. FLANAGAN
United States District Judge