United States of America v. Sidbury Personal Property, Specifically Described As: et al

Filing 14

ORDER granting 8 Motion to Stay - The court stays these proceedings until such time as the related criminal proceedings have been finally determined. Signed by District Judge Louise Wood Flanagan on 12/15/2015. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-542
UNITED STATES OF AMERICA
Plaintiff,
v.
SIDBURY PERSONAL PROPERTY
SPECIFICALLY DESCRIBED AS:
$8,747.07 SEIZED FROM BRANCH
BANKING AND TRUST, ACCOUNT
NUMBER 0005102492457;
$69,927.75 SEIZED FROM BRANCH
BANKING AND TRUST, ACCOUNT
NUMBER 0005591135432;

ORDER

$13,586.58 SEIZED FROM WELLS FARGO
BANK, ACCOUNT NUMBER
3000195353290;
$12,979.91 SEIZED FROM WELLS FARGO
BANK, ACCOUNT NUMBER
1000004238806;
Defendants.

Pending before the Court is a Consent Motion to Stay [D.E. 8]. Claimant moves pursuant
to 18 U.S.C. § 981(g)(2) to stay this civil forfeiture proceeding. The Court GRANTS the Motion
to Stay.
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).
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. See 18 U.S.C. § 981(g)(4).
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 self-incrimination in the related criminal case. See
18 U.S.C. § 981(g)(2).
The Court, therefore, GRANTS the Motion to Stay and stays these proceedings until such
time as the related criminal proceedings have been finally determined.
15th
December
SO ORDERED. This ____ day of _____________, 2015.

LOUISE W. FLANAGAN
U.S. District Judge

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