United States of America v. Approximately $20,725.00 in U.S. Currency et al

Filing 8

ORDER signed by Judge John A. Mendez on 2/25/11 ORDERING 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 4/15/2011. (Mena-Sanchez, L)

-EFB (TEMP) United States of America v. Approximately $20,725.00 in U.S. Currency et al

Doc. 8

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BENJAMIN B. WAGNER United States Attorney KELLI L. TAYLOR 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 $20,725.00 IN U.S. CURRENCY, APPROXIMATELY $24,855.00 IN U.S. CURRENCY SEIZED FROM SAFE DEPOSIT BOX #235, APPROXIMATELY $129,676.77 SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 02816-06729, APPROXIMATELY $11,196.18 SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 02810-16004, APPROXIMATELY $117,302.47 SEIZED FROM BANK OF AMERICA CD ACCOUNT NUMBER 02819-08191, APPROXIMATELY $185,247.84 SEIZED FROM BANK OF AMERICA CD ACCOUNT NUMBER 02810-08280, APPROXIMATELY $5,242.55 SEIZED FROM CHASE BANK ACCOUNT NUMBER 18212938435, APPROXIMATELY $479,170.28 SEIZED FROM WEST AMERICA BANK ACCOUNT

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

2:11-MC-00003-JAM-EFB STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

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Stipulation and Order to Extend Time

Dockets.Justia.com

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NUMBER 1505054492,

) ) APPROXIMATELY $12,305.80 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 25630085, ) ) APPROXIMATELY $6,403.46 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 25630413, ) ) APPROXIMATELY $12,186.97 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 802820151, ) ) APPROXIMATELY $39,715.64 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 2800578, ) ) APPROXIMATELY $37,895.74 SEIZED ) FROM WEST AMERICA BANK ACCOUNT ) NUMBER 505107300, ) ) APPROXIMATELY $17,928.84 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 802820585, ) ) APPROXIMATELY $12,413.49 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 2249995, ) ) APPROXIMATELY $19,675.65 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 2249669, ) ) APPROXIMATELY $98,515.79 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 25630652, ) ) APPROXIMATELY $7,119.45 SEIZED ) FROM CITY NATIONAL BANK ACCOUNT ) NUMBER 25630099, ) ) APPROXIMATELY $292,573.97 SEIZED ) FROM WELLS FARGO BANK ACCOUNT ) NUMBER 3598404063, ) ) APPROXIMATELY $103,117.83 SEIZED ) FROM WELLS FARGO BANK ACCOUNT ) NUMBER 910442044750301, and ) ) APPROXIMATELY $63,160.41 SEIZED ) FROM WELLS FARGO BANK ACCOUNT ) NUMBER 7936680284, ) ) Defendants. )

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Stipulation and Order to Extend Time

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It is hereby stipulated by and between the United States of America and claimants Thomas Edward Frankovich and Margaret C. Atkinson ("claimants"), by and through their respective attorney, as follows: 1. On or about October 12, 2010, claimant Thomas Edward

Frankovich filed claims, in the administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the twenty-one assets listed in the above-caption (hereafter the "defendant funds"), which were seized June 24-28, 2010. On or

about October 27, 2010, claimants Thomas Edward Frankovich and Margaret C. Atkinson filed claims, in the administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to five of the bank accounts listed in the above-caption which were seized on June 25, 2010. 2. The Drug Enforcement Administration 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. That deadline was originally January 10, 2011.

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Stipulation and Order to Extend Time

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4.

By Stipulation and Order filed January 10, 2011, the

parties stipulated to extend to February 28, 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. 5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish

by agreement to further extend to April 15, 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. 6. 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 April 15, 2011. BENJAMIN B. WAGNER United States Attorney DATE: 2/25/11 /s/ Kelli L. Taylor KELLI L. TAYLOR Assistant U.S. Attorney /s/ Brenda Grantland BRENDA GRANTLAND Attorney for Claimants Thomas Edward Frankovich and Margaret C. Atkinson
(Original signature retained by attorney)

20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATE: 2/25/2011 DATE: 2-25-2011

/s/ John A. Mendez JOHN A. MENDEZ United States District Court Judge

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Stipulation and Order to Extend Time