United States of America v. 318 Jody St., E. Flat Rock, Henderson Co., NC et al

Filing 12

ORDER granting 11 Motion to Stay. Signed by Magistrate Judge Dennis Howell on 04/24/2015. (klb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv23
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
318 JODY STREET, EAST FLAT
)
ROCK, HENDERSON COUNTY,
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NORTH CAROLINA, as described in
)
Deed Book 851 at Page 485 in the
)
Henderson County Registry, being real )
property, approximately .34 acres,
)
together with the residence, and all
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appurtenances, improvements, and
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attachments thereon, et al.,
)
)
Defendant.
)
___________________________________ )

ORDER

Pending before the Court is the Amended Motion to Stay [# 11]. Claimants
move pursuant to 18 U.S.C. § 981(g)(2) to stay this civil forfeiture proceeding.
The Court GRANTS the Motion to Stay [# 11].
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 selfincrimination 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 WL 3230608 (W.D.N.C. Oct. 1, 2009) (Keesler, Mag. J.).
Upon a review of the record in this case, the Court finds that a related
criminal case is currently ongoing that involves similar facts, witnesses, and
circumstances to this civil forfeiture proceeding.

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 Claimants’ rights against self-incrimination in the related criminal cases.
See 18 U.S.C. § 981(g)(2). The Court, therefore, GRANTS the Amended Motion
to Stay [# 11] and STAYS these proceedings for 90 days. After the expiration of
the 90 day period, the stay shall automatically dissolve unless the Government or
Claimants can show by motion (accompanied by a status report) reasons why the

stay should not be lifted.
II.

Conclusion

The Court GRANTS the Amended Motion to Stay [# 11]. The Court
STAYS these proceedings for 90 days. After the expiration of 90 days, the stay
shall automatically dissolve unless the Government or Claimants can show by
motion (accompanied by a status report) reasons why the stay should not be lifted.

Signed: April 24, 2015