USA v. Approximately $49,360.00 in U.S. Currency et al

Filing 26

STIPULATION and ORDER signed by Judge John A. Mendez on 12/19/2013 ORDERING that the United States shall be required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture shall be extended to 3/19/2014. (Zignago, K.)

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]
5 Attorneys for the United States
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13

v.

14
15
16
17
18
19
20
21

APPROXIMATELY $49,360.00 IN U.S.
CURRENCY,
APPROXIMATELY $9,166.84 IN U.S.
CURRENCY,

2:11-MC-00030-JAM

STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR
FORFEITURE AND/OR TO
OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $4,795.00 IN U.S.
CURRENCY,
ASSORTMENT OF JEWELRY VALUED
AT APPROXIMATELY $6,100.00,
2006 MASERATI QUATTROPORTE,
VIN: ZAMCE39A660021662, LICENSE
NUMBER 5SSH877, and

23

2004 DODGE STRATUS,
VIN: 1B3EL36X94N192290, LICENSE
NUMBER 5ZAT819,

24

Defendants.

22

25
26

It is hereby stipulated by and between the United States of America and claimants David

27 Timothy Eugene Brown and Anne Therese Oropeza ("claimants"), by and through their respective
28
1

Stipulation to Extend Time to File Complaint

1 attorneys, as follows:
2

1.

On or about December 21, 2010, claimants filed a claim, in the administrative forfeiture

3 proceedings, with the Federal Bureau of Investigation with respect to the six assets listed in the above
4 caption (hereafter the "defendant assets"), which were seized on or about September 21 and 22, 2010.
5

2.

The Federal Bureau of Investigation has sent the written notice of intent to forfeit

6 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
7 person to file a claim to the defendant assets under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
8 than the claimants have filed a claim to the defendant assets as required by law in the administrative
9 forfeiture proceeding.
10

3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

11 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
12 are subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
13 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties.
14 That deadline was March 21, 2011.
15

4.

By Stipulation and Order filed March 22, 2011, the parties stipulated to extend to June

16 21, 2011 the time in which the United States is required to file a civil complaint for forfeiture against
17 the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
18 forfeiture.
19

5.

By Stipulation and Order filed June 17, 2011, the parties stipulated to extend to

20 September 21, 2011 the time in which the United States is required to file a civil complaint for
21 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
22 are subject to forfeiture.
23

6.

By Stipulation and Order filed September 19, 2011, the parties stipulated to extend to

24 December 21, 2011 the time in which the United States is required to file a civil complaint for
25 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
26 are subject to forfeiture.
27

7.

By Stipulation and Order filed December 22, 2011, the parties stipulated to extend to

28 March 21, 2012 the time in which the United States is required to file a civil complaint for forfeiture
2

Stipulation to Extend Time to File Complaint

1 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject
2 to forfeiture.
3

8.

By Stipulation and Order filed March 22, 2012, the parties stipulated to extend to June

4 21, 2012 the time in which the United States is required to file a civil complaint for forfeiture against
5 the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
6 forfeiture.
7

9.

By Stipulation and Order filed June 13, 2012, the parties stipulated to extend to

8 September 21, 2012 the time in which the United States is required to file a civil complaint for
9 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
10 are subject to forfeiture.
11

10.

By Stipulation and Order filed September 13, 2012, the parties stipulated to extend to

12 December 21, 2012 the time in which the United States is required to file a civil complaint for
13 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
14 are subject to forfeiture.
15

11.

By Stipulation and Order filed December 19, 2012, the parties stipulated to extend to

16 March 21, 2013 the time in which the United States is required to file a civil complaint for forfeiture
17 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject
18 to forfeiture.
19

12.

By Stipulation and Order filed March 15, 2013, the parties stipulated to extend to June

20 21, 2013 the time in which the United States is required to file a civil complaint for forfeiture against
21 the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
22 forfeiture.
23

13.

By Stipulation and Order filed June 21, 2013, the parties stipulated to extend to

24 September 20, 2013 the time in which the United States is required to file a civil complaint for
25 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
26 are subject to forfeiture.
27

14.

By Stipulation and Order filed September 19, 2013, the parties stipulated to extend to

28 December 19, 2013 the time in which the United States is required to file a civil complaint for
3

Stipulation to Extend Time to File Complaint

1 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
2 are subject to forfeiture.
3

15.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further

4 extend to March 19, 2014 the time in which the United States is required to file a civil complaint for
5 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
6 are subject to forfeiture.
7

16.

Accordingly, the parties agree that the deadline by which the United States shall be

8 required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment
9 alleging that the defendant assets are subject to forfeiture shall be extended to March 19, 2014.
10
BENJAMIN B. WAGNER
United States Attorney

11
12
DATE: 12/19/2013

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

DATE: 12/18/13

/s/ Benjamin D. Galloway
BENJAMIN D. GALLOWAY
Attorney for Claimant
David Timothy Eugene Brown

DATE: 12/18/13

/s/ Benjamin D. Galloway with permission for
ANNE THERESE OROPEZA
Claimant

13
14
15
16
17
18
19
20

(Original signatures retained by attorney)
21
22

IT IS SO ORDERED.

23
24 DATE: 12/19/2013
25

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

26
27
28
4

Stipulation to Extend Time to File Complaint