United States of America v. Approximately $7,562.00 in U.S. Currency et al

Filing 3

STIPULATION and ORDER EXTENDING the United States' Time to File a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture, signed by Chief Judge Anthony W. Ishii on 10/15/2010. Deadline Extended to 1/6/2011. (Jessen, A)

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United States of America v. Approximately $7,562.00 in U.S. Currency et al Doc. 3 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 BENJAMIN B. WAGNER 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. ) ) APPROXIMATELY $7,562.00 IN U.S. ) CURRENCY; ) ) 1972 OLDSMOBILE 442, NO LICENSE ) PLATE, VIN: 3J67K2M211271; ) ) 1965 FORD MUSTANG, NO LICENSE ) PLATE, VIN: 5R07A128707; ) ) 2008 CHEVROLET MALIBU, LICENSE: ) 6LFA733, VIN: 1G1ZG57B88F193345; ) ) 2006 LEXUS GS300, LICENSE: 5MJJ752, ) VIN: JTHBH96S765000098; ) ) 1969 CHEVROLET TRUCK, NO LICENSE ) PLATE, VIN: CE149Z825738; ) ) 1962 CHEVROLET IMPALA, NO LICENSE ) PLATE, VIN: 2186F302848; ) ) 1976 HARLEY DAVIDSON ) MOTORCYCLE, LICENSE: 15U3097, ) VIN: 9D18597H6; ) ) 1965 FORD MUSTANG, LICENSE: ) CZW446, VIN: 5R07C177883; ) ) ) STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 1:10-MC-00044-AWI STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 1 Dockets.Justia.com 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 2007 PONTIAC G6, LICENSE: 6HQG262, ) VIN: 1G2ZH58N974231581; ) ) 2008 PONTIAC G6, LICENSE: 6LTN600, ) VIN: 1G2ZM577184198639; and, ) ) 2007 CHEVROLET TRUCK, LICENSE: ) 8K96671, VIN: 3GCEC13C07G549423, ) ) Defendants. ) _____________________________________ It is hereby stipulated by and between the United States of America and Potential Claimants Nasry Khalid Dablan, Edwan Khalid Dablan, and Nabila Dablan, by and through their attorney, as follows: 1. On or about July 12, 2010, Potential Claimant Edwan Khalid Dablan filed a claim in the administrative forfeiture proceeding with the Drug Enforcement Administration ("DEA") with respect to the approximately $7,562.00 in U.S. Currency, which was seized on or about April 30, 2010. 2. On or about August 2, 2010, Potential Claimant Nasry Khalid Dablan filed a claim in the administrative forfeiture proceeding with the Internal Revenue Service ("IRS") with respect to the 2007 Chevrolet Truck, License: 8K96671, VIN: 3GCEC13C07G549423, which was seized on or about April 30, 2010. 3. On or about August 2, 2010, Potential Claimant Edwan Khalid Dablan filed a claim in the administrative forfeiture proceeding with the Internal Revenue Service ("IRS") with respect to the 1972 Oldsmobile 442, No License Plate, VIN: 3J67K2M211271, 1965 Ford Mustang, No License Plate, VIN: 5R07A128707, 2008 Chevrolet Malibu, License: 6LFA733, VIN: 1G1ZG57B88F193345, 2006 Lexus GS300, License: 5MJJ752, VIN: JTHBH96S765000098, 1969 Chevrolet Truck, No License Plate, VIN: CE149Z825738, 1962 Chevrolet Impala, No License Plate, VIN: 2186F302848, 1976 Harley Davidson Motorcycle, License: 15U3097, VIN: 9D18597H6, 1965 Ford Mustang, License: CZW446, VIN: 5R07C177883, 2007 Pontiac G6, License: 6HQG262, VIN: 1G2ZH58N974231581, which were seized on or about April 28, 2010. /// /// STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 2 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 4. On or about August 2, 2010, Potential Claimant Nabila Dablan filed a claim in the administrative forfeiture proceeding with the Internal Revenue Service ("IRS") with respect to the 2008 Pontiac G6, License: 6LTN600, VIN: 1G2ZM577184198639, which was seized on or about April 28, 2010. 5. The Internal Revenue Service and Drug Enforcement Administration have 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 the Potential Claimants have filed a claim to the abovecaptioned assets as required by law in the administrative forfeiture proceeding. 6. Under 18 U.S.C. 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the abovecaptioned assets are 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. 7. As provided in 18 U.S.C. 983(a)(3)(A), the parties wish by agreement to extend to January 6, 2011, the time in which the United States is required to file a civil complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the above-captioned assets are subject to forfeiture. /// /// /// /// /// /// /// /// /// /// STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 3 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 8. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the above-captioned assets and/or to obtain an indictment alleging that the above-captioned assets are subject to forfeiture shall be extended to January 6, 2011. Dated: October 8, 2010 BENJAMIN B. WAGNER United States Attorney /s/ Deanna L. Martinez DEANNA L. MARTINEZ Assistant United States Attorney Dated: October 8, 2010 /s/ Daniel Bacon DANIEL BACON Attorney for Potential Claimants Nasry Khalid Dablan, Edwan Khalid Dablan, and Nabila Dablan (Original signature retained by attorney) IT IS SO ORDERED. Dated: 0m8i78 October 15, 2010 CHIEF UNITED STATES DISTRICT JUDGE STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 4

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