Opinion
Civil No. 00-1505-FR
May 22, 2001
Kristine Olson United States Attorney Leslie J. Westphal Assistant United States Attorney Portland, Oregon, Attorneys for Plaintiff.
Kristen L. Winemiller Tennyson Winemiller Portland, Oregon, Attorneys for Claimant Piedad Barajas.
ORDER
The matter before the court is the motion to stay filed by claimant Piedad Barajas (#18).
The government does not dispute that claimant Barajas is the subject of a related criminal case or that the continuation of the forfeiture will burden the right of claimant Barajas against self-incrimination in the related criminal case as required by 18 U.S.C. § 981(g)(2)(A) and (C). Claimant Barajas "has standing to assert a claim in the civil forfeiture proceeding" as required by 18 U.S.C. § 981(g)(2)(B). Claimant Barajas has timely filed a verified statement identifying his interest or right in the defendant property pursuant to the requirements of Rule C(6) of the Supplemental Rules for Certain Admiralty and Maritime Claims. 18 U.S.C. § 981(g)(2) provides that the court "shall stay the civil forfeiture proceeding with respect to that claimant."
The motion to stay filed by claimant Piedad Barajas (#18) is GRANTED until the entry of a plea to the charges or a verdict in the case of United States v. Barajas-Avalos, CR00-537-01-RE. Claimant Piedad Barajas must serve an answer within twenty (20) days after the entry of a plea or the entry of a verdict in the related criminal case of United States v. Barajas-Avalos, CR00-537-01-RE.
IT IS SO ORDERED.