United States of America v. Approximately $2,663.00 in U.S. Currency et al

Filing 42

STIPULATION and ORDER signed by Judge John A. Mendez on 4/18/2011 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the dft currency and/or to obtain an indictment alleging that the dft currency is subject to forfeiture shall be extended to 7/21/2011. (Zignago, K.)

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1 2 3 4 BENJAMIN B. WAGNER United States Attorney JASON HITT Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 Plaintiff, STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE v. APPROXIMATELY $2,663.00 IN U.S. CURRENCY, and APPROXIMATELY $791.00 IN U.S. CURRENCY, 17 18 2:06-MC-00116-JAM-EFB Defendants. It is hereby stipulated by and between the United States of 19 America and claimant Maria Isabel Chavez ("Claimant"), by and 20 through their respective attorneys, as follows: 21 1. On or about August 15, 2006, Claimant Maria Isabel Chavez 22 filed a claim in administrative forfeiture proceedings with the 23 Drug Enforcement Administration ("DEA") with respect to the 24 approximately $2,663.00 in U.S. Currency and approximately $791.00 25 in U.S. Currency, (the "defendant currency"), seized on or about 26 May 30, 2006. 27 Emilio Vega filed a claim with DEA to the defendant currency. On or about August 18, 2006, Claimant Francisco 28 1 Stipulation and Order Extending the United States’ Time to File 1 2. The DEA has sent the written notice of intent to forfeit 2 required by 18 U.S.C. § 983(a)(1)(A) to all known interested 3 parties. 4 the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no 5 person, other than the Claimants, has filed a claim to the 6 defendant currency as required by law in the administrative 7 forfeiture proceeding. 8 9 3. The time has expired for any person to file a claim to Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the defendant 10 currency and/or to obtain an indictment alleging that the defendant 11 currency is subject to forfeiture within 90 days after a claim has 12 been filed in the administrative forfeiture proceedings, unless the 13 court extends the deadline for good cause shown or by agreement of 14 the parties. 15 4. By Stipulation and Order filed November 16, 2006, the 16 parties stipulated to extend to February 9, 2007, the time in which 17 the United States is required to file a civil complaint for 18 forfeiture against the currency and/or to obtain an indictment 19 alleging that the currency is subject to forfeiture. 20 5. By Stipulation and Order filed February 9, 2007, the 21 parties stipulated to extend to May 10, 2007, the time in which the 22 United States is required to file a civil complaint for forfeiture 23 against the currency and/or to obtain an indictment alleging that 24 the currency is subject to forfeiture. 25 6. By Stipulation and Order filed May 15, 2007, the parties 26 stipulated to extend to August 8, 2007, the time in which the 27 United States is required to file a civil complaint for forfeiture 28 2 Stipulation and Order Extending the United States’ Time to File 1 against the currency and/or to obtain an indictment alleging that 2 the currency is subject to forfeiture. 3 7. By Stipulation and Order filed August 3, 2007, the parties 4 stipulated to extend to November 6, 2007, the time in which the 5 United States is required to file a civil complaint for forfeiture 6 against the currency and/or to obtain an indictment alleging that 7 the currency is subject to forfeiture. 8 9 8. By Stipulation and Order filed November 2, 2007, the parties stipulated to extend to February 4, 2008, the time in which 10 the United States is required to file a civil complaint for 11 forfeiture against the currency and/or to obtain an indictment 12 alleging that the currency is subject to forfeiture. 13 9. By Stipulation and Order filed January 31, 2008, the 14 parties stipulated to extend to May 5, 2008, the time in which the 15 United States is required to file a civil complaint for forfeiture 16 against the currency and/or to obtain an indictment alleging that 17 the currency is subject to forfeiture. 18 10. By Stipulation and Order filed May 6, 2008, the parties 19 stipulated to extend to August 4, 2008, the time in which the 20 United States is required to file a civil complaint for forfeiture 21 against the currency and/or to obtain an indictment alleging that 22 the currency is subject to forfeiture. 23 11. By Stipulation and Order filed July 23, 2008, the parties 24 stipulated to extend to October 31, 2008, the time in which the 25 United States is required to file a civil complaint for forfeiture 26 against the currency and/or to obtain an indictment alleging that 27 the currency is subject to forfeiture. 28 3 Stipulation and Order Extending the United States’ Time to File 1 12. By Stipulation and Order filed October 22, 2008, the 2 parties stipulated to extend to January 29, 2009, the time in which 3 the United States is required to file a civil complaint for 4 forfeiture against the currency and/or to obtain an indictment 5 alleging that the currency is subject to forfeiture. 6 13. By Stipulation and Order filed January 22, 2009, the 7 parties stipulated to extend to April 29, 2009, the time in which 8 the United States is required to file a civil complaint for 9 forfeiture against the currency and/or to obtain an indictment 10 11 alleging that the currency is subject to forfeiture. 14. By Stipulation and Order filed April 27, 2009, the 12 parties stipulated to extend to July 28, 2009, the time in which 13 the United States is required to file a civil complaint for 14 forfeiture against the currency and/or to obtain an indictment 15 alleging that the currency is subject to forfeiture. 16 15. By Stipulation and Order filed July 24, 2009, the parties 17 stipulated to extend to October 26, 2009, the time in which the 18 United States is required to file a civil complaint for forfeiture 19 against the currency and/or to obtain an indictment alleging that 20 the currency is subject to forfeiture. 21 16. By Stipulation and Order filed October 27, 2009, the 22 parties stipulated to extend to January 25, 2010, the time in which 23 the United States is required to file a civil complaint for 24 forfeiture against the currency and/or to obtain an indictment 25 alleging that the currency is subject to forfeiture. 26 17. On or about November 20, 2009, the United States and 27 Francisco Vega entered into a plea agreement in the parallel 28 criminal case U.S. v. Francisco Vega, et al., 2:06-CR-00236-GEB, 4 Stipulation and Order Extending the United States’ Time to File 1 wherein Francisco Vega agreed to forfeit his right, title, and 2 interest in this currency. 3 18. By Stipulation and Order filed January 26, 2010, the 4 parties stipulated to extend to April 26, 2010, the time in which 5 the United States is required to file a civil complaint for 6 forfeiture against the currency and/or to obtain an indictment 7 alleging that the currency is subject to forfeiture. 8 9 19. By Stipulation and Order filed April 16, 2010, the parties stipulated to extend to July 26, 2010, the time in which 10 the United States is required to file a civil complaint for 11 forfeiture against the currency and/or to obtain an indictment 12 alleging that the currency is subject to forfeiture. 13 20. By Stipulation and Order filed July 20, 2010, the parties 14 stipulated to extend to October 25, 2010, the time in which the 15 United States is required to file a civil complaint for forfeiture 16 against the currency and/or to obtain an indictment alleging that 17 the currency is subject to forfeiture. 18 21. By Stipulation and Order filed October 15, 2010, the 19 parties stipulated to extend to January 23, 2011, the time in which 20 the United States is required to file a civil complaint for 21 forfeiture against the currency and/or to obtain an indictment 22 alleging that the currency is subject to forfeiture. 23 22. By Stipulation and Order filed January 20, 2011, the 24 parties stipulated to extend to April 22, 2011, the time in which 25 the United States is required to file a civil complaint for 26 forfeiture against the currency and/or to obtain an indictment 27 alleging that the currency is subject to forfeiture. 28 5 Stipulation and Order Extending the United States’ Time to File 1 23. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish 2 by agreement to further extend to July 21, 2011, the time in which 3 the United States is required to file a civil complaint for 4 forfeiture against the defendant currency and/or to obtain an 5 indictment alleging that the defendant currency is subject to 6 forfeiture. 7 24. Accordingly, the parties agree that the deadline by which 8 the United States shall be required to file a complaint for 9 forfeiture against the defendant currency and/or to obtain an 10 indictment alleging that the defendant currency is subject to 11 forfeiture shall be extended to July 21, 2011. 12 DATED: 4/15/11 BENJAMIN B. WAGNER United States Attorney 13 14 /s/ Jason Hitt JASON HITT Assistant U.S. Attorney 15 16 17 DATED: April 15, 2011 18 /s/ James R. Greiner JAMES R. GREINER Attorney for Claimant Maria Isabel Chavez 19 (Original signature retained by attorney) 20 21 22 23 24 25 IT IS SO ORDERED. DATED: 4/18/2011 /s/ John A. Mendez Honorable JOHN A. MENDEZ United States District Judge 26 27 28 6 Stipulation and Order Extending the United States’ Time to File

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