United States v. 216,200.00 in US Currency

United States District Court for the Eastern District of Arkansas

United States v. 216,200.00 in US Currency

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

UNITED STATES OF AMERICA PLAINTIFF

V. 4:22CV00866 JM

$216,200.00 IN U.S. CURRENCY; and $1,001.00 IN U.S. CURRENCY DEFENDANTS

JEREMY GREEN CLAIMANT

ORDER STAYING PROCEEDINGS AS TO CLAIMANT JEREMY GREEN Pending is the joint motion to stay forfeiture proceedings as to claimant Jeremy Green pending resolution of the criminal matter giving rise to the forfeiture. Jeremy Green claims an interest in the Defendant Currency and intends to challenge the forfeiture of it. At the same time, there is an ongoing criminal investigation into matters involving the forfeiture and Mr. Green is a target of the investigation. The United States and Mr. Green assert that civil discovery in this forfeiture case could adversely affect the United States’ related criminal case and Mr. Green’s Fifth Amendment rights. They ask the Court to stay the forfeiture proceedings as to Mr. Green until the related criminal matter is resolved. “[I]t is within the power of the district court, and in accord with common practice, to stay the civil action until the criminal case or the likelihood of a criminal case is ended.@ Wallace v. Kato,

549 U.S. 384, 393-94

,

127 S. Ct. 1091, 1098

,

166 L. Ed. 2d 973

(2007). Pursuant to Wallace, the Court finds that the forfeiture proceedings should be stayed as to Mr. Green until the related criminal case has ended. The parties are directed to file a notice with the Court within seven (7) days of the conclusion of the criminal proceedings. The joint motion to stay forfeiture proceedings as to claimant Jeremy Green (ECF No. 3) is GRANTED. IT IS SO ORDERED this 4th day of November, 2022.

O. M. nt United States District Judge

Reference

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