United States of America v. Approximately $7,136.49 in U.S. Currency seized from JP Morgan Chase Bank et al

Filing 8

SSTIPULATION and ORDER for extension of time signed by Judge Morrison C. England, Jr. on 08/11/10. Parties agree that deadline for U.S. to file Complaint for Forfeiture shall be EXTENDED to 08/31/10. (Benson, A.)

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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $7,136.49 IN U.S. ) CURRENCY SEIZED FROM JP MORGAN ) CHASE BANK ACCOUNT NUMBER ) 3790678038, HELD IN THE NAME ) MYCHAL S. LAHEY, ) ) APPROXIMATELY $27,460.00 IN U.S. ) CURRENCY SEIZED FROM BANK OF ) AMERICA ACCOUNT NUMBER ) 753567539, HELD IN THE NAME ) MYCHAL S. LAHEY, AND ) ) APPROXIMATELY $13,270.16 IN U.S. ) CURRENCY SEIZED FROM TRI ) COUNTIES BANK ACCOUNT NUMBER ) 66497707, HELD IN THE NAME ) MYCHAL S. LAHEY, ) ) Defendants. ) ) _________________________________)

2:10-MC-00054-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 claimant Mychal Lahey ("claimant"), by and through his respective attorney, as follows:

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Stipulation and Order to Extend Time

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1.

On or about February 19, 2010, claimant filed a claim, in

the administrative forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately $7,136.49 in U.S. Currency seized from JP Morgan Chase Bank Account Number 3790678038, held in the name Mychal S. Lahey, Approximately $27,460.00 in U.S. Currency seized from Bank of America Account Number 753567539, held in the name Mychal S. Lahey, and Approximately $13,270.16 in U.S. Currency seized from Tri Counties Bank Account Number 66497707, held in the name Mychal S. Lahey, (the "defendant funds"), which were seized on or about January 8, 2010. 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 claimant has 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 20, 2010.

By Stipulation and Order filed May 18, 2010, the parties

stipulated to extend to June 18, 2010, the time in which the United States is required to file a civil complaint for forfeiture against

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Stipulation and Order to Extend Time

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the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 5. By Stipulation and Order filed June 23, 2010, the parties

stipulated to extend to July 19, 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. 6. By Stipulation and Order filed July 19, 2010, the parties

stipulated to extend to August 10, 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. 7. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish

by agreement to further extend to August 31, 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. 8. The parties would like to advise the Court that they have

reached a resolution of this case and that the continued request for an extension of time to file is for that purpose. Specifically, the parties are in the process of signing the required settlement documents, however, the claimant lives outside the United States. anticipated. Thus, the process is taking longer than

The parties anticipate filing the settlement-related

documents with the Court prior to the expiration of the current requested extension of time to file. ///

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Stipulation and Order to Extend Time

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9.

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 August 31, 2010. BENJAMIN B. WAGNER United States Attorney DATE: 8/9/10 /s/ Jean M. Hobler JEAN M. HOBLER Special Assistant U.S. Attorney /s/ Bruce Locke BRUCE LOCKE Attorney for Claimant Mychal Lahey (Authorized to sign by email)

DATE: 8/9/10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: August 11, 2010

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

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Stipulation and Order to Extend Time