United States of America v. Approximately $105,500.00 in U.S. Currency seized from JP Morgan Chase Personal Money Market Account Number 4178013903, held in the name of Veronica C. Padilla

Filing 6

STIPULATION and ORDER 5 for extension of time signed by Judge Frank C. Damrell, Jr. on 8/19/2010. The United States shall file Complaint for Forfeiture shall be EXTENDED to 10/22/2010. (Marciel, M)

United States of America v. Approximately $105,...3903, held in the name of Veronica C. Padilla

Doc. 6

1 BENJAMIN B. WAGNER 2 JEAN M. HOBLER

United States Attorney Special Assistant U.S. Attorney Sacramento, CA 95814 [phone]

3 501 I Street, Suite 10-100 4 Telephone: 5 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20

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

) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $105,500.00 IN ) U.S. CURRENCY SEIZED FROM JP ) MORGAN CHASE PERSONAL MONEY ) MARKET ACCOUNT NUMBER 4178013903,) HELD IN THE NAME VERONICA C. ) PADILLA, ) ) Defendant. ) ) _________________________________)

2:10-MC-00060-FCD-KJN

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

21 America and claimant Raymond Padilla, Jr. ("claimant"), by and 22 through his respective attorney, as follows: 23
1. On or about March 18, 2010, claimant filed a claim, in the

24 administrative forfeiture proceedings, with the Internal Revenue 25 Service with respect to the Approximately $105,500.00 in U.S. 26 Currency seized from JP Morgan Chase Personal Money Market Account 27 Number 4178013903, held in the name Veronica C. Padilla, (the 28 "defendant funds"), which was seized on or about January 7, 2010.
1
Stipulation and Order to Extend Time

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1

2.

The Internal Revenue Service has sent the written notice

2 of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all 3 known interested parties.
The time has expired for any person to

4 file a claim to the defendant funds under 18 U.S.C. § 983(a)(2)(A)5 (E), and no person other than the claimant has filed a claim to the 6 defendant funds as required by law in the administrative forfeiture 7 proceeding. 8
3. Under 18 U.S.C. § 983(a)(3)(A), the United States is

9 required to file a complaint for forfeiture against the defendant 10 funds and/or to obtain an indictment alleging that the defendant 11 funds are 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. That deadline was June 16, 2010.

By Stipulation and Order filed June 2, 2010, the parties

16 stipulated to extend to August 16, 2010, the time in which the 17 United States is required to file a civil complaint for forfeiture 18 against the defendant funds and/or to obtain an indictment alleging 19 that the defendant funds are subject to forfeiture. 20
5. By Stipulation and Order filed August 16, 2010, the

21 parties stipulated to extend to August 23, 2010, the time in which 22 the United States is required to file a civil complaint for 23 forfeiture against the defendant funds and/or to obtain an 24 indictment alleging that the defendant funds are subject to 25 forfeiture. 26
6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish

27 by agreement to further extend to October 22, 2010, the time in 28 which the United States is required to file a civil complaint for
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Stipulation and Order to Extend Time

1 forfeiture against the defendant funds and/or to obtain an 2 indictment alleging that the defendant funds are subject to 3 forfeiture. 4
7. Accordingly, the parties agree that the deadline by which

5 the United States shall be required to file a complaint for 6 forfeiture against the defendant funds and/or to obtain an 7 indictment alleging that the defendant funds are subject to 8 forfeiture shall be extended to October 22, 2010. 9 10 11 DATE: 8/19/10 12 13 14 DATE: 8-19-10 15 16 17 18 19 20 DATE: August 19, 2010 21 22 23 24 25 26 27 28
3 FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE IT IS SO ORDERED. /s/ Christopher H. Wing CHRISTOPHER H. WING Attorney for Claimant Raymond Padilla, Jr. (Original signature retained by attorney) BENJAMIN B. WAGNER United States Attorney /s/ Jean M. Hobler JEAN M. HOBLER Special Assistant U.S. Attorney

Stipulation and Order to Extend Time