United States of America v. Approximately $11,400.00 in U.S. Currency

Filing 4

ORDER signed by Judge Morrison C. England, Jr on 2/15/12 ORDERING the parties agree 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 shall be extended to May 17, 2012. (Becknal, R)

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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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APPROXIMATELY $11,400.00 IN
U.S. CURRENCY,

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Defendant.

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2:11-MC-00095-MCE-GGH
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

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America and claimant Alex Herrera ("claimant"), by and through his

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attorney, as follows:
1.

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On or about September 20, 2011, claimant Alex Herrera

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filed a claim in the administrative forfeiture proceedings with the

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Federal Bureau of Investigation with respect to the Approximately

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$11,400.00 in U.S. Currency (hereafter the "defendant currency"),

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which was seized on July 12, 2011.
2.

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The Federal Bureau of Investigation has sent the written

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notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to

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all known interested parties.

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Stipulation and Order to Extend Time

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The time has expired for any person to file a claim to the

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defendant currency under 18 U.S.C.

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§ 983(a)(2)(A)-(E), and no person other than the claimant has filed

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a claim to the defendant currency as required by law in the

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administrative forfeiture proceeding.

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3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is

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required to file a complaint for forfeiture against the defendant

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currency and/or to obtain an indictment alleging that the defendant

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currency is subject to forfeiture within 90 days after a claim has

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been filed in the administrative forfeiture proceedings, unless the

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court extends the deadline for good cause shown or by agreement of

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the parties.

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4.

That deadline was December 21, 2011.

By Stipulation and Order filed on or about November 4,

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2011, the parties stipulated to extend to February 17, 2012, the

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time in which the United States is required to file a civil

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complaint for forfeiture against the defendant funds and/or to

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obtain an indictment alleging that the defendant funds are subject

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to forfeiture.

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5.

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

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by agreement to extend to May 17, 2012, the time in which the

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United States is required to file a civil complaint for forfeiture

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against the defendant currency and/or to obtain an indictment

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alleging that the defendant currency is subject to forfeiture.

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Stipulation and Order to Extend Time

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6.

Accordingly, the parties agree that the deadline by which

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the United States shall be required to file a complaint for

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forfeiture against the defendant currency and/or to obtain an

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indictment alleging that the defendant currency is subject to

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forfeiture shall be extended to May 17, 2012.

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BENJAMIN B. WAGNER
United States Attorney

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DATE: 02/10/12

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

DATE: 2/9/2012

/s/ Jesse Santana
JESSE SANTANA
Attorney for Claimant Alex Herrera
(Signature retained by Attorney)

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IT IS SO ORDERED.
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Dated: February 15, 2012

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Extend Time