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U.S. v. SIDBURY PERSONAL PROPERTY, 5:15-CV-542. (2015)

Court: District Court, E.D. North Carolina Number: infdco20151216d03 Visitors: 8
Filed: Dec. 15, 2015
Latest Update: Dec. 15, 2015
Summary: LOUISE W. FLANAGAN , District Judge . Pending before the Court is a Consent Motion to Stay [D.E. 8]. Claimant moves pursuant to 18 U.S.C. 981(g)(2) to stay this civil forfeiture proceeding. The Court GRANTS the Motion to Stay. 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
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Pending before the Court is a Consent Motion to Stay [D.E. 8]. Claimant moves pursuant to 18 U.S.C. § 981(g)(2) to stay this civil forfeiture proceeding. The Court GRANTS the Motion to Stay.

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 case is currently ongoing that involves similar facts, witnesses, and circumstances to this civil forfeiture proceeding. See 18 U.S.C. § 981(g)(4).

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 will burden Claimant's right against self-incrimination in the related criminal case. 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.

Source:  Leagle

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