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

Filing 2

Stipulation and ORDER Extending Time to File a Complaint for Forfeiture and/or Obtain Indictment Alleging Forfeiture, signed by District Judge Anthony W. Ishii on 4/4/13. (Gonzalez, R)

1
2
3
4

BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant U.S. Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for United States of America

7
8

IN THE UNITED STATES DISTRICT COURT FOR THE

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
APPROXIMATELY $70,563.22
)
IN U.S. CURRENCY SEIZED FROM )
MISSION BANK ACCOUNT
)
NUMBER 3000288,
)
)
Defendant.
)
____________________________________ )

13mc00009-AWI
STIPULATION AND ORDER
EXTENDING THE UNITED STATES’
TIME TO FILE A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN
AN INDICTMENT ALLEGING
FORFEITURE

18

It is hereby stipulated by and between the United States of America and

19

Claimants James H. Park and Helen Park, (“Claimants”), by and through their

20

respective attorneys, as follows:

21

1.

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

22

Revenue Service Criminal Investigations with respect to the above-referenced

23

approximately $70,563.22 in U.S. Currency seized from Mission Bank account

24

number 3000288 (the “funds”) which was seized on or about November 7, 2012.

25

2.

The Internal Revenue Service Criminal Investigations has sent

26

written notice of intent to forfeit as required by 18 U.S.C. § 983 to all known

27

interested parties. The time has expired for any person to file a claim to the funds

28

under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the Claimants have

1
2

filed a claim to the funds in the administrative forfeiture proceeding.
3.

Title 18 U.S.C. § 983(a)(3)(A) requires the United States to file a

3

complaint for forfeiture against the funds and/or to obtain an indictment alleging

4

that the funds are subject to forfeiture within 90 days after a claim has been filed in

5

the administrative forfeiture proceedings, unless the court extends the deadline for

6

good cause shown or by agreement of the parties. At present the United States’

7

deadline to file a complaint for forfeiture against the funds and/or to obtain an

8

indictment alleging that the funds are subject to forfeiture is April 3, 2013.

9

4.

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

10

to extend to April 24, 2013, the time in which the United States is required to file a

11

civil complaint for forfeiture against the funds and/or to obtain an indictment

12

alleging that the funds are subject to forfeiture.

13

5.

Accordingly, the parties agree that the deadline by which the United

14

States shall be required to file a complaint for forfeiture against the funds and/or to

15

obtain an indictment alleging that the funds are subject to forfeiture shall be

16

extended to April 24, 2013.

17
Dated: April 3 , 2013
18

BENJAMIN B. WAGNER
United States Attorney

19
/s/ Heather Mardel Jones
HEATHER MARDEL JONES
Assistant United States Attorney

20
21
22

Dated: April 3 , 2013

23

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

24
25
26
27
28

IT IS SO ORDERED.
Dated:
0m8i78

April 4, 2013
SENIOR DISTRICT JUDGE
2