USA v. One 2020 Ford F350 Crew Cab XLT, VIN: 1FT8W3B64LEC41202, with all accessories, attachments, and components thereon et al
| USA |
| One 2020 Ford F350 Crew Cab XLT, VIN: 1FT8W3B64LEC41202, with all accessories, attachments, and components thereon, $59,624.20 in United States funds seized from Regions Bank account xxxxx4577, One 1962 Chevrolet Impala, bearing identification number (VIN) 21869F279747, with all accessories, attachments, and components thereon, $17,065.66 in United States funds seized from Scott Credit Union account xxx8198 and One 2019 Cadillac Escalade, VIN: 1GYS4KKJ7KR254957, with all accessories, attachments, and components thereon |
| 3:2021cv00456 |
| May 6, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Forfeit/Penalty: Other |
| 28 U.S.C. ยง 1341 |
| None |
Docket Report
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| Document Text |
|---|
Filing 5
ORDER re #4 Motion to Stay: The Government seeks a stay on this civil asset forfeiture proceeding pending resolution of the parallel forfeiture claims in the criminal proceedings before this Court in United States v. Tiner, Case No. 20-cr-30166-SPM. This Court has subject-matter jurisdiction over this matter under 28 U.S.C. 1345, in rem jurisdiction under 28 U.S.C. 1355, and venue is proper under 28 U.S.C. 1395(b). Upon the Government's motion, the Court may stay a civil forfeiture proceeding where it "determines that civil discovery will adversely affect the ability of the Government to conduct a related criminal investigation or the prosecution of a related criminal case." 18 U.S.C. 981(g)(1). The Court determines whether a criminal case is "related" to a civil forfeiture proceeding by considering "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." Id. 981(g)(4). Upon review of the Verified Complaint for Forfeiture and the Indictment, the Court finds that this civil forfeiture proceeding is related to the criminal case and the Court GRANTS the #4 Motion for Stay of Civil Forfeiture. The proceedings in this matter are STAYED until final judgment is entered in the criminal case. The Government is ORDERED to submit a status report within 30 days of the entry of final judgment. Signed by Judge Stephen P. McGlynn on 5/25/2021. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION to Stay by USA. (Hanna, Adam) |
| Filing 3 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 21-456-SPM. (lmb) |
| Filing 2 NOTICE of Appearance by Adam E. Hanna on behalf of USA (Hanna, Adam) |
| Filing 1 COMPLAINT for Forfeiture against $17,065.66 in United States funds seized from Scott Credit Union account xxx8198, $59,624.20 in United States funds seized from Regions Bank account xxxxx4577, One 1962 Chevrolet Impala, bearing identification number (VIN) 21869F279747, with all accessories, attachments, and components thereon, One 2019 Cadillac Escalade, VIN: 1GYS4KKJ7KR254957, with all accessories, attachments, and components thereon, One 2020 Ford F350 Crew Cab XLT, VIN: 1FT8W3B64LEC41202, with all accessories, attachments, and components thereon, filed by USA. (Attachments: #1 Declaration, #2 Civil cover sheet)(Hanna, Adam) |
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| Plaintiff: USA | |
| Represented By: | Adam E. Hanna |
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| Defendant: One 2020 Ford F350 Crew Cab XLT, VIN: 1FT8W3B64LEC41202, with all accessories, attachments, and components thereon | |
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| Defendant: $59,624.20 in United States funds seized from Regions Bank account xxxxx4577 | |
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| Defendant: One 1962 Chevrolet Impala, bearing identification number (VIN) 21869F279747, with all accessories, attachments, and components thereon | |
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| Defendant: $17,065.66 in United States funds seized from Scott Credit Union account xxx8198 | |
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| Defendant: One 2019 Cadillac Escalade, VIN: 1GYS4KKJ7KR254957, with all accessories, attachments, and components thereon | |
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