STIPULATION TO STAY FURTHER PROCEEDINGS AND ORDER

BENJAMIN B. WAGNER, District Judge.

The United States and Claimants Glen Meyers and Aimee Burgess (collectively, the "claimants") hereby stipulate that a stay is necessary in the above-entitled action, and request that the Court enter an order staying all further proceedings until the resolution of the related criminal case against Glen Meyers regarding drug trafficking at the defendant property.

1. Each claimant has filed a claim in this in rem forfeiture action, asserting they are innocent owners of the defendant property. ECF Nos. 12, 14.

2. The stay is requested pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i). The United States contends that the defendant property was used to facilitate the cultivation of marijuana and contends that the defendant currency constitutes money or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance or listed chemical, all proceeds traceable to such an exchange and/or was used or intended to be used to facilitate one or more violations of 21 U.S.C. § 841 et seq. Claimants deny these allegations.

3. To date, several individuals have been charged with federal crimes related to marijuana cultivation and trafficking related to the defendant property, United States. v. Glen Edward Meyers, et al., 2:13-CR-00330-KJM. It is the United States' position that the statute of limitations has not expired on potential criminal charges relating to the drug trafficking involving the defendant property. Nevertheless, the United States intends to depose the claimants regarding their ownership of the defendant property, as well as their knowledge of the marijuana grows and/or cocaine trafficking at the defendant property. If discovery proceeds at this time, claimants will be placed in the difficult position of either invoking their Fifth Amendment rights against self-incrimination and losing the ability to pursue their claims to the defendant properties, or waiving their Fifth Amendment rights and submitting to a deposition and potentially incriminating themselves. If they invoke their Fifth Amendment rights, the United States will be deprived of the ability to explore the factual basis for the claims they filed with this court.

4. In addition, claimants intend to depose, among others, the agents involved with this investigation, including but not limited to, the agents with the Internal Revenue Service. Allowing depositions of the law enforcement officers at this time would adversely impact the federal prosecution.

5. The parties recognize that proceeding with these actions at this time has potential adverse effects on the investigation of the underlying criminal conduct and/or upon the claimants' ability to assert any defenses to forfeiture. For these reasons, the parties jointly request that these matters be stayed until the conclusion of the related criminal case. At that time the parties will advise the court of the status of the criminal investigation, if any, and will advise the court whether a further stay is necessary.

ORDER

For the reasons set forth above, this matter is stayed pursuant to 18 U.S.C. §§ 981(g)(1), 981(g)(2), and 21 U.S.C. § 881(i) until the conclusion of the related criminal case, at which time the parties will promptly advise the Court whether they believe a further stay is necessary.

IT IS SO ORDERED.