What factors are considered by the courts in determining whether to grant a stay in a criminal investigation?

MultiRegion, United States of America

The following excerpt is from In re Zinnel, Bankruptcy No. 05-28800-C-7, No. 2:12-cv-00249-MCE (E.D. Cal. 2013):

Next, courts consider "the interests of persons not parties to the civil litigation." Keating, 45 F.3d at 325 (citations and internal quotations omitted). The United States, a third party to the bankruptcy appeal, has an interest in an unimpeded criminal investigation that favors a stay. Additionally, it is conceivable that discovery may touch on the Fifth Amendment rights of witnesses who are not parties to the bankruptcy appeal but who may be targets of the criminal investigation. This factor also favors a stay in this case. See Ashworth v. Albers Med., Inc., 229 F.R.D. 527, 532 (S.D.W. Va. 2005).

Other Questions


What factors are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
What factors are considered in determining whether to refer a fraudulent conveyance action to the bankruptcy court rather than the district court? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What factors will the Court consider when determining whether to grant leave for a company to appeal against a finding of unfair dismissal? (Canada (Federal), Canada)
What factors are considered in determining whether a criminal investigation has been improperly conducted? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for a District Court to determine whether it has considered all the factors required under Section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What factors are considered to determine whether a plaintiff has been successful in obtaining an injunction against the Superior Court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.