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.)

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
[phone]

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