| FEAR's Brief Bank II Motions, pleadings and briefs |
| | Brief Bank II: indexed by issue |
| | *************************************************************************************************** |
| | Stay pending outcome of criminal case | [ | 408 | ] |
| | CLAIMANTS' MOTION TO STAY PROCEEDINGS FOR A PERIOD OF ONE YEAR OR |
| | UNTIL RESOLUTION OF THE RELATED CRIMINAL INVESTIGATION |
| | Motion to stay pending related criminal investigation: if claimants are to be deposed, the pending criminal |
| | investigation arising from the same allegations would require them to assert the Fifth Amendment to |
| | virtually any question that is pertinent to discovery in the civil forfeiture case; if the claimants are forced to |
| | go to trial in the civil forfeiture case, their need to preserve their Fifth Amendment privilege would prevent |
| | them from testifying in defense of their property. This puts claimants in the untenable position of being |
| | forced to choose between giving up their Fifth Amendment privilege with respect to the pending criminal |
| | investigation, or giving up their right to an adequate defense of their property. |
| | by | Grantland, Brenda |
| | U.S. | v. | REAL PROPERTY located at 1234 Elm St (John Doe) | ( | 2003 | ) |
| | browser view: | available | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | available | RichTextFormat | [ | motiontostay | ] |
| | PDF version: | [ | 149 | ] |
| | . |
| | Opposition to Motion to Stay |
| | The Government alleges that discovery in this case will have an impact on a related criminal investigation. |
| | However, the Government has not given good cause for why discovery should be stayed in this case, and |
| | therefore its request must be denied. “Mere conclusory allegations of potential abuse or simply the |
| | opportunity by the claimant to improperly exploit civil discovery ... will not avail on a motion for a stay.” |
| | by | Gallivan, Erin |
| | U.S. | v. | Contents in Account No. xxx, in name of Jane Doe | D.Vt. | ( | 0 | ) |
| | browser view: | available | BrowserView | filed: |
| | Word Perfect | WordPerfect |
| | MS_Word version: | available | MSWord |
| | RTF version: | RichTextFormat | [ | opposition | ] |
| | PDF version: | [ | 155 | ] |
| | . |
| | Sunday, May 20, 2007 | Page 1 of 4 |
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