United States of America v. Approximately $70,563.22 in U.S. Currency Seized From Mission Bank Account Number 3000288

Filing 6

STIPULATION and ORDER GRANTING the parties' request for an extension of time to 7/5/2013 by which claimants, James and Helen Park, will file a claim contesting the civil forfeiture action. Order signed by Magistrate Judge Sandra M. Snyder on 6/20/2013. (Rooney, M)

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ELLIS PARK
Attorney and Counselor at Law
2312 Park Avenue, #210
Tustin, California 92782
Telephone: [phone]
Attorneys for Claimants
James H. Park and Helen Park

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IN THE UNITED STATE DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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1:13-CV-00602-AWI-SMS
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Plaintiff,
STIPULATION AND ORDER
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vs.
EXTENDING THE CLAIMANTS TIME
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TO FILE A CLAIM TO COMPLAINT
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APPROXIMATELY $70,563.22 IN U.S.
FOR FORFEITURE IN REM
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CURRENCY SEIZED FROM MISSION
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BANK ACCOUNT NUMBER 300288
BEFORE: HON. SANDRA M. SNYDER
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Defendant.
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It is hereby stipulated by and between Claimants James Park and Helen Park,

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(“Claimants”), and United States of America, (the “Government”), and by and through their

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respective attorneys, as follows:

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UNITED STATES OF AMERICA

1.

On or about January 3, 2012, Claimants filed a claim with the Internal

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Revenue Service Criminal Investigations (the “IRSCI”) with respect to the above-referenced

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approximately $70,563.22 in U.S. Currency seized from Mission Bank account no.: 3000288

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(the “funds”) which was seized on or about November 7, 2012.

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2.

The IRSCI has sent a written notice of intent to forfeit as required by 18

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U.S.C. § 983 to all known interested parties. No person other than Claimants filed a claim

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under 18 U.S.C. § 983(a)(2)(A)-(E) to the funds in the administrative forfeiture proceeding.

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3.

Title 18 U.S.C. § 983(a)(3)(A) requires the Government to file a complaint for

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forfeiture against the funds and/or to obtain an indictment alleging that the funds are

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subject to forfeiture within 90 days after a claim has been filed unless the court extends the

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deadline for good cause shown or by agreement of the parties. That deadline for the

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Government was April 3, 2013, but the parties agreed to extend the time twenty one (21)

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days to April 24, 2013. On April 24, 2013, the Government filed the Complaint for

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Forfeiture.
4.

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On May 9, 2013, the Notice of Forfeiture Action was sent by U.S. Mail and

Certified Mail to Claimants’ attorney.
5.

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Under Rule G(5)(a)(ii)(B), the current deadline to file a Claim contesting the

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forfeiture of the funds is June 14, 2013, and that an Answer and/or Motion under Rule 12

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to be filed no later than twenty one (21) days after filing the claim. On June 5, 2013,

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Claimants’ attorney telephonically conferred with the Assistant U.S. Attorney, Heather

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Mardell Jones, Esq., to extend the deadline for Claimants to file a Claim.
6.

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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

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extend to July 5, 2013 for Claimants to file a Claim contesting the forfeiture against the

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funds.

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7.

Accordingly, the parties agree that the deadline for Claimants to file the

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Claim contesting the civil forfeiture and respond to the Government Notice shall be

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extended to Friday, July 5, 2013.

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Dated: June 19, 2013

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/s/ Ellis Park_______________
ELLIS PARK
Attorney for Claimants
James H. Park and Helen Park

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BENJAMIN B. WAGNGER
United States Attorney

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Dated: June 19, 2013

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/s/ Heather Mardell Jones_____
HEATHER MARDELL JONES
Assistant Unites States Attorney

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IT IS SO ORDERED.
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Dated: 6/20/2013

/s/ SANDRA M. SNYDER
HON. SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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