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

Filing 34

STIPULATION and ORDER extending time to file complaint for forfeiture in rem and/or to obtain indictment to 12/15/14 signed by Judge John A. Mendez on 12/4/14.(Manzer, C)

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
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

2:11-MC-00030-JAM

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

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

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,

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ASSORTMENT OF JEWELRY VALUED AT
APPROXIMATELY $6,100.00,
2006 MASERATI QUATTROPORTE,
VIN: ZAMCE39A660021662, LICENSE
NUMBER 5SSH877, and

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

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Defendants.

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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
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1

Stipulation to Extend Time to File Complaint

1 attorneys, as follows:
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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.
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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.
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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.
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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 assets and/or to obtain an indictment alleging that the defendant assets are subject to
18 forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets
22 are subject to forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets
26 are subject to forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets 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 assets and/or to obtain an indictment alleging that the defendant assets 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 assets and/or to obtain an indictment alleging that the defendant assets
10 are subject to forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets
14 are subject to forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets are subject
18 to forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets are subject to
22 forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets
26 are subject to forfeiture.
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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 assets and/or to obtain an indictment alleging that the defendant assets
2 are subject to forfeiture.
3

15.

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

4 March 19, 2014 the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject
6 to forfeiture.
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16.

By Stipulation and Order filed March 20, 2014, the parties stipulated to extend to June

8 17, 2014 the time in which the United States is required to file a civil complaint for forfeiture against
9 the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to
10 forfeiture.
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17.

By Stipulation and Order filed June 17, 2014, the parties stipulated to extend to

12 September 15, 2014 the time in which the United States is required to file a civil complaint for
13 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
14 are subject to forfeiture.
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18.

By Stipulation and Order filed September 10, 2014, the parties stipulated to extend to

16 December 15, 2014 the time in which the United States is required to file a civil complaint for
17 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
18 are subject to forfeiture.
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19.

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

20 extend to March 16, 2015 the time in which the United States is required to file a civil complaint for
21 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
22 are subject to forfeiture.
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4

Stipulation to Extend Time to File Complaint

1

20.

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

2 required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment
3 alleging that the defendant assets are subject to forfeiture shall be extended to March 16, 2015.
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BENJAMIN B. WAGNER
United States Attorney

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6 DATE: 12/4/2014
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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9 DATE: 12/4/2014
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/s/ Benjamin D. Galloway
BENJAMIN D. GALLOWAY
Attorney for Claimant
David Timothy Eugene Brown

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12 DATE: 12/4/2014
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/s/ Benjamin D. Galloway with permission from
ANNE THERESE OROPEZA
Claimant

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(As authorized via email)

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IT IS SO ORDERED.

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17 DATE: 12/4/2014
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/s/ John A. Mendez_____________
JOHN A. MENDEZ
United States District Court Judge

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Stipulation to Extend Time to File Complaint