Page:United States Statutes at Large Volume 114 Part 1.djvu/252

 114 STAT. 216 PUBLIC LAW 106-185—APR. 25, 2000 Applicability. Applicability. "(2) Upon the motion of a claimant, the court shall stay the civil forfeiture proceeding with respect to that claimant if the court determines that— "(A) the claimant is the subject of a related criminal investigation or case; "(B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and "(C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case. "(3) With respect to the impact of civil discovery described in paragraphs (1) and (2), the court may determine that a stay is unnecessary if a protective order limiting discovery would protect the interest of one party without unfairly limiting the ability of the opposing party to pursue the civil case. In no case, however, shall the court impose a protective order as an alternative to a stay if the effect of such protective order would be to allow one party to pursue discovery while the other party is substantially unable to do so. "(4) In this subsection, the terms 'related criminal case' and 'related criminal investigation' mean an actual prosecution or investigation in progress at the time at which the request for the stay, or any subsequent motion to lift the stay is made. In determining whether a criminal case or investigation is 'related' to a civil forfeiture proceeding, the court shall consider 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. "(5) In requesting a stay under paragraph (1), the Government may, in appropriate cases, submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial. "(6) Whenever a civil forfeiture proceeding is stayed pursuant to this subsection, the court shall enter any order necessary to preserve the value of the property or to protect the rights of lienholders or other persons with an interest in the property while the stay is in effect. "(7) A determination by the court that the claimant has standing to request a stay pursuant to paragraph (2) shall apply only to this subsection and shall not preclude the Government from objecting to the standing of the claimant by dispositive motion or at the time of trial.". (b) DRUG FORFEITURES.— Section 511(i) of the Controlled Substances Act (21 U.S.C. 881(i)) is amended to read as follows: "(i) The provisions of section 981(g) of title 18, United States Code, regarding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section.". SEC. 9. CIVIL RESTRAINING ORDERS. Section 983 of title 18, United States Code, as added by this Act, is amended by adding at the end the following: " (j) RESTRAINING ORDERS; PROTECTIVE ORDERS. — "(1) Upon application of the United States, the court may enter a restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, custodians, appraisers, accountants, or trustees.

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