in Attachments A, B, and C. Claimant Rita A. Crundwell, through her attorneys, doesnot object to the issuance of the restraining order but in doing so is not admitting tothe allegations contained in the indictment or the civil forfeiture complaint. TheUnited States also seeks this protective order to permit the United States to take allnecessary steps to ensure the health and well-being of the defendant properties.
II. Authority for Issuing Post-Complaint Restraining Order
Pursuant to Section 983(j)(1), upon a showing of probable cause, the court isauthorized to enter a restraining order or injunction or take any other action topreserve the availability of property subject to forfeiture in a civil case following thefiling of a complaint.
United States v. Monsanto
, 491 U.S. 600, 615-16 (1989) (thestandard for issuing a restraining order is probable cause);
United States v. Farmer
,274 F.3d 800, 805-06 (4th Cir. 2001) (same).
In order to ensure the availability of property for civil forfeiture, 18 U.S.C. § 983(j)(1)(A) provides that the court may entera restraining order upon the filing of a civil forfeiture complaint alleging that theproperty with respect to which the order is sought is subject to civil forfeiture.
Most of the case law cited in this Application concerns restraining ordersissued under the identically-worded provisions in the criminal forfeiture statute, 21U.S.C. § 853(e). Because of the similarity in the statutes, the case law applicable tocriminal forfeiture restraining orders is also applicable to restraining orders issuedunder Section 983(j).
United States v. Melrose East Subdivision
, 357 F.3d 493,499 (5th Cir. 2004) (applying section 853(e) case law to section 983(j) restrainingorder);
United States v. Real Property . . . 2526 155
, 2008 WL 5246381, *2(W.D. Wash. Dec. 17, 2008) (because § 983(j) is virtually identical to § 853(e), theSupreme Courts decision in
, holding that the issuance of a restrainingorder in a criminal case is mandatory upon a showing of probable cause, appliesequally to civil cases).
Case: 3:12-cv-50153 Document #: 27 Filed: 06/14/12 Page 3 of 7 PageID #:160