United States of America v. Approximately $400,720.00 in U.S. Currency et al

Filing 23

STIPULATION and ORDER 21 signed by Judge Lawrence K. Karlton on 6/21/13 ORDERING that the deadline for the United States to file a complaint for forfeiture and/or to obtain an indictment alleging forfeiture is EXTENDED to August 9, 2013. (Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney

2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney

3 501 I Street, Suite 10-100
Sacramento, CA 95814

4 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,
Plaintiff,
v.
APPROXIMATELY $400,720.00 IN
U.S. CURRENCY,

16 APPROXIMATELY $294,967.00 IN
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U.S. CURRENCY,

APPROXIMATELY $3,073.00 IN
U.S. CURRENCY,

19 APPROXIMATELY $399,940.00 IN
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U.S. CURRENCY,

APPROXIMATELY $200,000.00 IN
U.S. CURRENCY,
Defendants.

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2:11-MC-00021-LKK-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 America and

24 claimant Lonnie Patrick Terrell ("claimant"), by and through their respective attorney,
25 as follows:
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1. On or about December 22, 2010, claimant Lonnie Patrick Terrell filed claims,

27 in the administrative forfeiture proceedings, with the Drug Enforcement
28 Administration with respect to the five assets listed in the above-caption (hereafter the
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Stipulation and Order to Extend Time

1 "defendant currency"), which were seized October 27, 2010.
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2. The Drug Enforcement Administration has sent the written notice of intent to

3 forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time
4 has expired for any person to file a claim to the defendant currency under 18 U.S.C. §
5 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the defendant
6 currency as required by law in the administrative forfeiture proceeding.
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3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a

8 complaint for forfeiture against the defendant currency and/or to obtain an indictment
9 alleging that the defendant currency is subject to forfeiture within 90 days after a
10 claim has been filed in the administrative forfeiture proceedings, unless the court
11 extends the deadline for good cause shown or by agreement of the parties. That
12 deadline was March 22, 2011.
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4. By Stipulation and Order filed March 3, 2011, the parties stipulated to

14 extend to June 20, 2011, the time in which the United States is required to file a civil
15 complaint for forfeiture against the defendant currency and/or to obtain an indictment
16 alleging that the defendant currency is subject to forfeiture.
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5. By Stipulation and Order filed June 1, 2011, the parties stipulated to extend

18 to September 19, 2011, the time in which the United States is required to file a civil
19 complaint for forfeiture against the defendant currency and/or to obtain an indictment
20 alleging that the defendant currency is subject to forfeiture.
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6. By Stipulation and Order filed September 19, 2011, the parties stipulated to

22 extend to December 16, 2011, the time in which the United States is required to file a
23 civil complaint for forfeiture against the defendant currency and/or to obtain an
24 indictment alleging that the defendant currency is subject to forfeiture.
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7. By Stipulation and Order filed December 5, 2011, the parties stipulated to

26 extend to March 15, 2012, the time in which the United States is required to file a civil
27 complaint for forfeiture against the defendant currency and/or to obtain an indictment
28 alleging that the defendant currency is subject to forfeiture.
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Stipulation and Order to Extend Time

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8. By Stipulation and Order filed March 9, 2012, the parties stipulated to

2 extend to June 13, 2012, the time in which the United States is required to file a civil
3 complaint for forfeiture against the defendant currency and/or to obtain an indictment
4 alleging that the defendant currency is subject to forfeiture.
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9. By Stipulation and Order filed May 17, 2012, the parties stipulated to extend

6 to September 11, 2012, the time in which the United States is required to file a civil
7 complaint for forfeiture against the defendant currency and/or to obtain an indictment
8 alleging that the defendant currency is subject to forfeiture.
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10. By Stipulation and Order filed August 24, 2012, the parties stipulated to

10 extend to December 10, 2012, the time in which the United States is required to file a
11 civil complaint for forfeiture against the defendant currency and/or to obtain an
12 indictment alleging that the defendant currency is subject to forfeiture.
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11. By Stipulation and Order filed November 20, 2012, the parties stipulated to

14 extend to March 11, 2013, the time in which the United States is required to file a civil
15 complaint for forfeiture against the defendant currency and/or to obtain an indictment
16 alleging that the defendant currency is subject to forfeiture.
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12. By Stipulation and Order filed March 6, 2013, the parties stipulated to

18 extend to June 10, 2013, the time in which the United States is required to file a civil
19 complaint for forfeiture against the defendant currency and/or to obtain an indictment
20 alleging that the defendant currency is subject to forfeiture.
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13. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

22 further extend to August 9, 2013, the time in which the United States is required to file
23 a civil complaint for forfeiture against the defendant currency and/or to obtain an
24 indictment alleging that the defendant currency is subject to forfeiture.
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14. Accordingly, the parties agree that the deadline by which the United States

26 shall be required to file a complaint for forfeiture against the defendant currency
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Stipulation and Order to Extend Time

1 and/or to obtain an indictment alleging that the defendant currency is subject to
2 forfeiture shall be extended to August 9, 2013.
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BENJAMIN B. WAGNER
United States Attorney

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6 DATE: 6/7/13
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By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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9 DATE: 6/7/13
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/s/ Zenia K. Gilg
ZENIA K. GILG
Attorney for Claimant Lonnie
Patrick Terrell
(Authorized by email)

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IT IS SO ORDERED.

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DATE: June 21, 2013.

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Stipulation and Order to Extend Time