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

Filing 9

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 12/02/11 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture is EXTENDED to 03/15/12. (Benson, A.)

Download PDF
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 (916) 554-2700 4 Telephone: 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, Plaintiff, 12 13 v. 14 APPROXIMATELY $400,720.00 IN U.S. CURRENCY, 15 APPROXIMATELY $294,967.00 IN 16 U.S. CURRENCY, 17 APPROXIMATELY $3,073.00 IN U.S. CURRENCY, 18 19 APPROXIMATELY $399,940.00 IN U.S. CURRENCY, 20 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. The time has expired for any person 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. 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 6. By Stipulation and Order filed September 19, 2011, the 28 parties stipulated to 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish 6 by agreement to further extend to March 15, 2012, the time in which 7 the United States is required to file a civil complaint for 8 forfeiture against the defendant currency and/or to obtain an 9 indictment alleging that the defendant currency is subject to 10 forfeiture. 11 8. Accordingly, the parties agree that the deadline by which 12 the United States shall be required to file a complaint for 13 forfeiture against the defendant currency and/or to obtain an 14 indictment alleging that the defendant currency is subject to 15 forfeiture shall be extended to March 15, 2012. 16 BENJAMIN B. WAGNER United States Attorney 17 18 DATE: 11/21/11 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 19 20 21 DATE: 11-21-11 /s/ Zenia K. Gilg ZENIA K. GILG Attorney for Claimant Lonnie Patrick Terrell (Signature retained by attorney) 22 23 24 25 IT IS SO ORDERED. 26 DATED: December 2, 2011. 27 28 3 Stipulation and Order to Extend Time

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?