United States of America v. $36,083.22 in United States Currency et al

Filing 22

ORDER granting 20 Motion to Stay these proceedings for an additional 3 months. Signed by Magistrate Judge Dennis Howell on 4/24/12. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv145
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$36,083.22 IN UNITED STATES
)
CURRENCY, et al.,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Stay [# 20] filed by the United
States. The Government moves to extend the stay in this civil forfeiture
proceeding for another three months because the civil proceedings will interfere
with a related criminal investigation. Claimants consent to extending the stay. The
Court GRANTS the Motion to Stay [# 20].
I.

Analysis

Section 981(g) provides that upon the filing of a motion by the
Government, the Court shall stay a civil forfeiture proceeding “if the court
determines that civil discovery will adversely affect the ability of the Government
to conduct a related criminal investigation or the prosecution of a related criminal
case.” 18 U.S.C. § 981(g). 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 WL 3230608 (W.D.N.C. Oct. 1, 2009) (Keesler, Mag.
J.).
Upon a review of the record in this case, including the Affidavit submitted
by the Government in support of its Motion to Stay, the Courts finds that a related
criminal investigation is currently ongoing that involves similar facts, witnesses,
and circumstances to this civil forfeiture proceeding. Accordingly, a continued
stay of these proceedings is warranted pursuant to Section 981(g) because civil
discovery will adversely affect the Government’s ability to conduct this related
criminal investigation. See 18 U.S.C. § 981(g)(1). The Court, therefore,
GRANTS the Motion to Stay [# 20] and STAYS these proceedings for another
three months. After the expiration of three months, the stay shall automatically
dissolve unless the Government can show by motion (accompanied by a status
report) reasons why the stay should not be lifted.

II.

Conclusion

The Court GRANTS the Motion to Stay [# 20]. The Court STAYS these
proceedings for an additional three months. After the expiration of three months,
the stay shall automatically dissolve unless the Government can show by motion
(accompanied by a status report) reasons why the stay should not be lifted.

Signed: April 24, 2012