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

Filing 6

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 10/15/10 ORDERING the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture shall be extended to 1/3/11. (Becknal, R)

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United States of America v. Approximately $5,173.45 in U.S. Cur...ank Account Number 3444347300 Doc. 6 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 JEAN M. HOBLER Special Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $5,173.45 IN U.S. ) CURRENCY SEIZED FROM WELLS FARGO ) BANK ACCOUNT NUMBER 3444347300, ) ) Defendant. ) ) _________________________________) 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 America and claimants Joseph Stancil and Doralee Stancil ("claimants"), by and through their respective attorneys, as follows: 1. On or about February 2, 2010, claimants filed a claim, in the administrative forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately $5,173.45 in U.S. Currency seized from Wells Fargo Bank Account Number 3444347300 (the "defendant funds"), which were seized on or about November 19, 2009. /// 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 2. The Internal Revenue Service has 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 defendant funds under 18 U.S.C. 983(a)(2)(A)-(E), and no person other than the claimants have filed a claim to the defendant funds as required by law in the administrative forfeiture proceeding. 3. Under 18 U.S.C. 983(a)(3)(A), the United States is required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds 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. 4. That deadline was May 3, 2010. By Stipulation and Order filed May 4, 2010, the parties stipulated to extend to August 2, 2010, the time in which the United States is required to file a civil complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 5. By Stipulation and Order filed July 28, 2010, the parties stipulated to extend to November 2, 2010, the time in which the United States is required to file a civil complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 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 6. As provided in 18 U.S.C. 983(a)(3)(A), the parties wish by agreement to further extend to January 3, 2011, the time in which the United States is required to file a civil complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 7. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture shall be extended to January 3, 2011. BENJAMIN B. WAGNER United States Attorney DATE: October 7, 2010 /s/ Jean M. Hobler JEAN M. HOBLER Special Assistant U.S. Attorney DATE: October 7, 2010 /s/ Donald Heller DONALD H. HELLER Attorney for Claimants Joseph and Doralee Stancil As Authorized on October 7, 2010 IT IS SO ORDERED. Dated: October 15, 2010 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 3

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