United States of America v. Approximately $86,500.00 in U.S. Currency seized from Wells Fargo Bank Account Number 2067165197

Filing 2

ORDER signed by Judge Frank C. Damrell, Jr on 4/4/2011 ORDERING 1 Stipulation and Proposed Order filed by United States of America is granted. United States shall be required to file, by December 1, 2011, a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. (Waggoner, D)

-DAD United States of America v. Approximately $86,500.00 in... Bank Account Number 2067165197

Doc. 2

1 BENJAMIN B. WAGNER
United States Attorney

2 JEAN M. HOBLER
Assistant U.S. Attorney

3 501 I Street, Suite 10-100 4 Telephone: 5 6 7 8 9 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18
) ) Plaintiff, ) ) v. ) ) APPROXIMATELY $86,500 IN U.S. ) CURRENCY SEIZED FROM WELLS FARGO ) BANK ACCOUNT NUMBER 2067165197, ) ) Defendant. ) ) _________________________________) 2:11-MC-00033-FCD-DAD IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Sacramento, CA 95814 [phone]

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

It is hereby stipulated by and between the United States of

19 America and claimant Farhad Dezaki ("claimant"), by and through 20 their respective attorneys, as follows: 21
1. On or about February 1, 2011, claimant filed a claim, in

22 the administrative forfeiture proceedings, with the Internal 23 Revenue Service with respect to the Approximately $86,500.00 in 24 U.S. Currency seized from Wells Fargo Bank Account Number 25 2067165197 (the "defendant funds"), which were seized on or about 26 December 7, 2010. 27
2. The Internal Revenue Service has sent the written notice

28 of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all
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Stipulation and Order to Extend Time for Filing a Complaint

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1 known interested parties.

The time has expired for any person to

2 file a claim to the defendant funds under 18 U.S.C. § 3 983(a)(2)(A)-(E), and no person other than the claimant has filed 4 a claim to the defendant funds as required by law in the 5 administrative forfeiture proceeding. 6
3. Under 18 U.S.C. § 983(a)(3)(A), the United States is

7 required to file a complaint for forfeiture against the defendant 8 funds and/or to obtain an indictment alleging that the defendant 9 funds are subject to forfeiture within 90 days after a claim has 10 been filed in the administrative forfeiture proceedings, unless 11 the court extends the deadline for good cause shown or by 12 agreement of the parties. 13
4. That deadline is currently May 2, 2011.

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

14 by agreement to extend to December 1, 2011, the time in which the 15 United States is required to file a civil complaint for forfeiture 16 against the defendant funds and/or to obtain an indictment 17 alleging that the defendant funds are subject to forfeiture. 18
5. Accordingly, the parties agree that the deadline by which

19 the United States shall be required to file a complaint for 20 forfeiture against the defendant funds and/or to obtain an 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
2
Stipulation and Order to Extend Time for Filing a Complaint

1 indictment alleging that the defendant funds are subject to 2 forfeiture shall be extended to December 1, 2011. 3 4 5 6 7 DATE: March 29, 2011 8 9 10 11 DATE: March 29, 2011 12 13 14 15 16 17 DATE: April 4, 2011 18 19 20 21 22 23 24 25 26 27 28
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Stipulation and Order to Extend Time for Filing a Complaint

BENJAMIN B. WAGNER United States Attorney

/s/ Jean M. Hobler JEAN M. HOBLER Assistant U.S. Attorney

/s/ Patrick K. Hanly PATRICK K. HANLY Attorney for Claimant Farhad Dezaki (As authorized on 3/29/2011)

IT IS SO ORDERED.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE