United States of America v. Ward and Brey Personal Property, et al

Filing 12

ORDER granting 11 Consent Motion to Stay Civil Forfeiture Proceeding - The Court GRANTS the Motion to Stay and stays these proceedings until such time as the related criminal proceedings have been finally determined. Signed by District Judge Louise Wood Flanagan on 2/5/2016. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-588
UNITED STATES OF AMERICA
Plaintiff,
v.
ORDER
WARD AND BREY PERSONAL
PROPERTY SPECIFICALLY DESCRIBED
Defendants.

Pending before the Court is a Consent Motion to Stay [D.E. 11]. Claimant move
pursuant to 18 U.S.C. § 2254 and § 981(g)(2) to stay this civil forfeiture proceeding. The Court
GRANTS the Motion to Stay.
The civil complaint was filed pursuant to 18 U.S.C. § 2254, which incorporates the
procedures of 18 U.S.C. § 981.
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
investigation is currently ongoing that involves similar facts, witnesses, and circumstances to this
civil forfeiture proceeding. See 18 U.S.C. § 981(g)(4).
Moreover, Claimants have 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
investigation. 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.
SO ORDERED. This ____ day of _____________, 2016.
5th
February

LOUISE W. FLANAGAN
U.S. District Judge

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