FEAR's Brief Bank II
 
Motions, pleadings and briefs


Brief Bank II: indexed by issue

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Stay pending outcome of criminal case [ 408 ]

CLAIMANTS' RESPONSE TO THE GOVERNMENT'S MOTION TO STAY THIS CIVIL

FORFEITURE CASE PENDING THE OUTCOME OF THE PENDING, RELATED CRIMINAL

PROCEEDINGS

Defense counsel cannot imagine why the government wants to keep the civil forfeiture action alive, but

stayed, while it pursues criminal forfeiture of the same assets, belonging to the same claimants, for the same

alleged offenses, arising out of the same alleged transactions or series of transactions – except to gain some

tactical advantage to which it is not entitled. The remedies available to claimants under one forfeiture

procedure or the other are remedies they are entitled to – whether or not the government has decided to

violate the rules against duplicative proceedings and splitting causes of action. Furthermore, the pendency of

a stayed civil forfeiture action will not give the government a second bite of the apple (as it probably hopes)

by Grantland, Brenda

U.S. v. $19,985.90 E.D.N.C 5:05-CV-767- ( 2006 )

browser view: BrowserView filed: 4/10/2006

Word Perfect available WordPerfect

MS_Word version: MSWord

RTF version: RichTextFormat [ djOppositiont ]

PDF version: available PDF [ 436 ]

.

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