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

Filing 7

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/19/2011 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the dft currency and/or to obtain an indictment alleging that the dft currency is subject to forfeiture shall be extended to 12/16/2011. (Zignago, K.)

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1 2 3 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 14 15 16 17 18 19 20 v. APPROXIMATELY $400,720.00 IN U.S. CURRENCY, APPROXIMATELY $294,967.00 IN U.S. CURRENCY, APPROXIMATELY $3,073.00 IN U.S. CURRENCY, APPROXIMATELY $399,940.00 IN U.S. CURRENCY, APPROXIMATELY $200,000.00 IN U.S. CURRENCY, 21 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 22 23 It is hereby stipulated by and between the United States of 24 America and claimant Lonnie Patrick Terrell ("claimant"), by and 25 through their respective attorney, as follows: 26 1. On or about December 22, 2010, claimant Lonnie Patrick 27 Terrell filed claims, in the administrative forfeiture proceedings, 28 with the Drug Enforcement Administration with respect to the five 1 Stipulation and Order to Extend Time 1 assets listed in the above-caption (hereafter the "defendant 2 currency"), which were seized October 27, 2010. 3 2. The Drug Enforcement Administration has sent the written 4 notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to 5 all known interested parties. 6 to file a claim to the defendant currency under 18 U.S.C. § 7 983(a)(2)(A)-(E), and no person other than claimant has filed a 8 claim to the defendant currency as required by law in the 9 administrative forfeiture proceeding. 10 3. The time has expired for any person Under 18 U.S.C. § 983(a)(3)(A), the United States is 11 required to file a complaint for forfeiture against the defendant 12 currency and/or to obtain an indictment alleging that the defendant 13 currency is subject to forfeiture within 90 days after a claim has 14 been filed in the administrative forfeiture proceedings, unless the 15 court extends the deadline for good cause shown or by agreement of 16 the parties. 17 4. That deadline was March 22, 2011. By Stipulation and Order filed March 3, 2011, the parties 18 stipulated to extend to June 20, 2011, the time in which the United 19 States is required to file a civil complaint for forfeiture against 20 the defendant currency and/or to obtain an indictment alleging that 21 the defendant currency is subject to forfeiture. 22 5. By Stipulation and Order filed June 1, 2011, the parties 23 stipulated to extend to September 19, 2011, the time in which the 24 United States is required to file a civil complaint for forfeiture 25 against the defendant currency and/or to obtain an indictment 26 alleging that the defendant currency is subject to forfeiture. 27 28 6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to December 16, 2011, the time in 2 Stipulation and Order to Extend Time 1 which the United States is required to file a civil complaint for 2 forfeiture against the defendant currency and/or to obtain an 3 indictment alleging that the defendant currency is subject to 4 forfeiture. 5 7. Accordingly, the parties agree that the deadline by which 6 the United States shall be required to file a complaint for 7 forfeiture against the defendant currency and/or to obtain an 8 indictment alleging that the defendant currency is subject to 9 forfeiture shall be extended to December 16, 2011. 10 BENJAMIN B. WAGNER United States Attorney 11 12 DATE: 9/8/11 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney DATE: 9-8-11 /s/ Zenia K. Gilg ZENIA K. GILG Attorney for Claimant Lonnie Patrick Terrell 13 14 15 16 17 (Signature retained by attorney) 18 19 20 IT IS SO ORDERED. 21 22 DATED: September 19, 2011. 23 24 25 26 27 28 3 Stipulation and Order to Extend Time

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