United States of America v. Approximately $5,173.45 in U.S. Currency seized from Wells Fargo Bank Account Number 3444347300

Filing 11

ORDER signed by Judge Morrison C. England, Jr on 4/14/11 ORDERING the deadline by which the United States shall be required to file a complaint for forfeiture against the dft funds and/or to obtain an indictment alleging dft funds are subject to forfeiture is EXTENDED to 7/12/11. (Carlos, K)

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BENJAMIN B. WAGNER
United States Attorney
JEAN M. HOBLER
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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APPROXIMATELY $5,173.45 IN U.S. )
CURRENCY SEIZED FROM WELLS FARGO )
BANK ACCOUNT NUMBER 3444347300, )
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Defendant.
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)
_________________________________)

2:10-MC-00046-MCE-DAD

STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of

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America and claimants Joseph Stancil and Doralee Stancil

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("claimants"), by and through their respective attorneys, as

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follows:
1.

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On or about February 2, 2010, claimants filed a claim, in

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the administrative forfeiture proceedings, with the Internal

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Revenue Service with respect to the Approximately $5,173.45 in

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U.S. Currency seized from Wells Fargo Bank Account Number

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3444347300 (the "defendant funds"), which were seized on or about

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November 19, 2009.

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Stipulation and Order to Extend
Time for Filing a Complaint

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2.

The Internal Revenue Service has sent the written notice

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of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all

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known interested parties.

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file a claim to the defendant funds under 18 U.S.C. §

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983(a)(2)(A)-(E), and no person other than the claimants have

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filed a claim to the defendant funds as required by law in the

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administrative forfeiture proceeding.

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3.

The time has expired for any person to

Under 18 U.S.C. § 983(a)(3)(A), the United States is

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required to file a complaint for forfeiture against the defendant

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funds and/or to obtain an indictment alleging that the defendant

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funds are subject to forfeiture within 90 days after a claim has

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been filed in the administrative forfeiture proceedings, unless

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the court extends the deadline for good cause shown or by

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agreement of the parties.

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4.

That deadline was May 3, 2010.

By Stipulation and Order filed May 4, 2010, the parties

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stipulated to extend to August 2, 2010, the time in which the

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United States is required to file a civil complaint for forfeiture

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against the defendant funds and/or to obtain an indictment

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alleging that the defendant funds are subject to forfeiture.

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5.

By Stipulation and Order filed July 28, 2010, the parties

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stipulated to extend to November 2, 2010, the time in which the

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United States is required to file a civil complaint for forfeiture

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against the defendant funds and/or to obtain an indictment

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alleging that the defendant funds are subject to forfeiture.

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Stipulation and Order to Extend
Time for Filing a Complaint

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6.

By Stipulation and Order filed October 7, 2010, the

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parties stipulated to extend to January 3, 2011, the time in which

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the United States is required to file a civil complaint for

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forfeiture against the defendant funds and/or to obtain an

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indictment alleging that the defendant funds are subject to

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forfeiture.

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7.

By Stipulation and Order filed December 3, 2010, the

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parties stipulated to extend to April 5, 2011, the time in which

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the United States is required to file a civil complaint for

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forfeiture against the defendant funds and/or to obtain an

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indictment alleging that the defendant funds are subject to

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forfeiture.

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8.

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

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by agreement to further extend to July 12, 2011, the time in which

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the United States is required to file a civil complaint for

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forfeiture against the defendant funds and/or to obtain an

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indictment alleging that the defendant funds are subject to

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forfeiture.

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Stipulation and Order to Extend
Time for Filing a Complaint

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9.

Accordingly, the parties agree that the deadline by which

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the United States shall be required to file a complaint for

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forfeiture against the defendant funds and/or to obtain an

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indictment alleging that the defendant funds are subject to

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forfeiture shall be extended to July 12, 2011.

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BENJAMIN B. WAGNER
United States Attorney

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DATE: 4/4/2011

/s/ Jean M. Hobler
JEAN M. HOBLER
Assistant U.S. Attorney

DATE: 4-4-2011

/s/ Donald H. Heller
DONALD H. HELLER
Attorney for Claimants
Joseph and Doralee Stancil
(Original signatures retained by
attorney)

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IT IS SO ORDERED.

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Dated: April 14, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Extend
Time for Filing a Complaint