United States of America v. $40,173.25 in United States Currency et al

Filing 20

ORDER granting 19 Motion to Stay. The Court STAYS these proceedings for 120 days. Signed by Magistrate Judge Dennis Howell on 3/19/2014. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:13cv26
UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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$40,173.25 in U.S. CURRENCY, et al,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Consent Motion to Stay [# 19]. Claimant
moves pursuant to 18 U.S.C. § 981(g)(2) to stay this civil forfeiture proceeding.
The Court GRANTS the Motion to Stay [# 19].
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:
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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 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,
including the deposition of Claimant, 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 [# 19] and STAYS these proceedings for
120 days. After the expiration of the 120 day period, the stay shall automatically
dissolve unless the Government or Claimant 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 [# 19]. The Court STAYS these
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proceedings for 120 days. After the expiration of 120 days, the stay shall
automatically dissolve unless the Government or Claimant can show by motion
(accompanied by a status report) reasons why the stay should not be lifted.

Signed: March 19, 2014

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