United States v. The Contents of Washington Mutual Investments, Inc. Account No. W98001759, Held in the Name of Gaeney Marie Willmore

Filing 2

Stipulation and ORDER Extending The United States' Time to File a Complaint For Forfeiture and/or to Obtain an Indictment Alleging Forfeiture signed by Magistrate Judge Gary S. Austin on 4/20/2009. (Esteves, C)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAWRENCE G. BROWN Acting United States Attorney DEANNA L. MARTINEZ Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) THE CONTENTS OF WASHINGTON ) MUTUAL INVESTMENTS, INC. ) ACCOUNT NO. W98001759, HELD IN ) THE NAME OF GAENEY MARIE ) WILLMORE, ) ) Defendant. ) _____________________________________) 1:09-MC-00024-LJO STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE It is hereby stipulated by and between the United States of America and Claimant Gaeney Marie Willmore (hereafter "Claimant"), by and through her respective attorney, as follows: 1. On or about January 16, 2009, Claimant filed a claim, in the administrative forfeiture proceeding, with the Drug Enforcement Administration with respect to the contents of Washington Mutual Investments, Inc. Account No. W98001759, held in the name of Gaeney Marie Willmore (hereafter "investment account"), which was seized on or about October 28, 2008. 2. The Drug Enforcement Administration has sent the written notice of intent to forfeit required by 18 U.S.C. 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the currency under 18 U.S.C. 983(a)(2)(A)-(E), and no person other than 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 the Claimant has filed a claim to the investment account as required by law in the administrative forfeiture proceeding. 3. Under 18 U.S.C. 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the investment account and/or to obtain an indictment alleging that the investment account is subject to forfeiture within 90 days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. 4. As provided in 18 U.S.C. 983(a)(3)(A), the parties wish by agreement to extend to June 15, 2009, the time in which the United States is required to file a civil complaint for forfeiture against the investment account and/or to obtain an indictment alleging that the investment account is subject to forfeiture. 5. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the investment account and/or to obtain an indictment alleging that the investment account is subject to forfeiture shall be extended to June 15, 2009. Dated: April 8, 2009 LAWRENCE G. BROWN Acting United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney Dated: April 13, 2009 /s/ Eric H. Schweitzer ERIC H. SCHWEITZER Attorney for Claimant Gaeney Marie Willmore (Original signature retained by attorney) IT IS SO ORDERED. IT IS SO ORDERED. Dated: 6i0kij April 20, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?