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Forfeiture — stay
By: WISCONSIN LAW JOURNAL STAFF//June 11, 2013//
Listen to this articleUnited States Court of Appeals For the Seventh Circuit
Criminal
Forfeiture — stay
Where state court criminal charges were pending, the district court should have stayed the forfeiture proceedings.
“The judge should have issued the stay pending the outcome of the state criminal proceeding (and maybe beyond, if the federal government is also contemplating prosecuting the claimants). The statute directed him to grant a stay if all three conditions were satisfied. And they were—he was mistaken, as we’ll see, in believing that condition (B), relating to standing, had not been satisfied. Had he granted the stay, no special interrogatories would have been issued until it expired and so no issue regarding the claimants’ refusal to answer some of the interrogatories would yet have arisen.”
Reversed and Remanded.
Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Posner, J.
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