United States of America v. Approximately $143,058.81 in U.S. Currency seized from Wells Fargo Bank Personal Checking Account Number 2065307502, et. al.

Filing 13

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 11/4/13 ORDERING that deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture shall be extended to 2/4/14. (Becknal, R) Modified on 11/5/2013 (Becknal, R).

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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: (916) 554-2700 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 14 15 16 17 18 2:12-MC-00058-LKK-DAD v. STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $143,058.81 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK PERSONAL CHECKING ACCOUNT NUMBER 2065307502, AND APPROXIMATELY $173,450.00 IN U.S. CURRENCY SEIZED FROM JP MORGAN CHASE PERSONAL CHECKING ACCOUNT NUMBER 918200346, 19 Defendants. 20 21 It is hereby stipulated by and between the United States of America and 22 claimant Jeffrey S. Walker ("claimant"), by and through their respective counsel, as 23 follows: 24 1. On or about May 7, 2012, claimant Jeffrey S. Walker filed a claim, in the 25 administrative forfeiture proceedings, with the Internal Revenue Service with respect 26 to the Approximately $143,058.81 in U.S. Currency seized from Wells Fargo Bank 27 Personal Checking Account Number 2065307502 and Approximately $173,450.00 in 28 1 Stipulation and Order to Extend Time 1 U.S. Currency seized from JP Morgan Chase Personal Checking Account Number 2 918200346 (hereafter the "defendant funds"), which were seized on March 6, 2012. 3 2. The Internal Revenue Service has sent the written notice of intent to 4 forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time 5 has expired for any person to file a claim to the defendant funds under 18 U.S.C. § 6 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the 7 defendant funds as required by law in the administrative forfeiture proceeding. 8 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a 9 complaint for forfeiture against the defendant funds and/or to obtain an indictment 10 alleging that the defendant funds are subject to forfeiture within ninety days after a 11 claim has been filed in the administrative forfeiture proceedings, unless the court 12 extends the deadline for good cause shown or by agreement of the parties. The 13 deadline is currently August 6, 2012. 14 4. By Stipulation and Order filed July 30, 2012, the parties stipulated to 15 extend to November 6, 2012, the time in which the United States is required to file a 16 civil complaint for forfeiture against the defendant funds and/or to obtain an 17 indictment alleging that the defendant funds are subject to forfeiture. 18 5. By Stipulation and Order filed November 1, 2012, the parties stipulated to 19 extend to February 6, 2013, the time in which the United States is required to file a 20 civil complaint for forfeiture against the defendant funds and/or to obtain an 21 indictment alleging that the defendant funds are subject to forfeiture. 22 6. By Stipulation and Order filed February 6, 2013, the parties stipulated to 23 extend to May 6, 2013, the time in which the United States is required to file a civil 24 complaint for forfeiture against the defendant funds and/or to obtain an indictment 25 alleging that the defendant funds are subject to forfeiture. 26 7. By Stipulation and Order filed May 9, 2013, the parties stipulated to 27 extend to August 6, 2013, the time in which the United States is required to file a civil 28 complaint for forfeiture against the defendant funds and/or to obtain an indictment 2 Stipulation and Order to Extend Time 1 alleging that the defendant funds are subject to forfeiture. 2 8. By Stipulation and Order filed August 22, 2013, the parties stipulated to 3 extend to November 6, 2013, the time in which the United States is required to file a 4 civil complaint for forfeiture against the defendant funds and/or to obtain an 5 indictment alleging that the defendant funds are subject to forfeiture. 6 9. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to 7 extend to February 4, 2014, the time in which the United States is required to file a 8 civil complaint for forfeiture against the defendant funds and/or to obtain an 9 indictment alleging that the defendant funds are subject to forfeiture. 10 10. Accordingly, the parties agree that the deadline by which the United 11 States shall be required to file a complaint for forfeiture against the defendant funds 12 and/or to obtain an indictment alleging that the defendant funds are subject to 13 forfeiture shall be extended to February 4, 2014. 14 BENJAMIN B. WAGNER United States Attorney 15 16 DATE: 11/1/13 17 By: /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 18 19 DATE: 11/1/13 20 21 /s/ J. Patrick McCarthy J. PATRICK MCCARTHY Attorney for Claimant Jeffrey S. Walker (Original signature retained by attorney) 22 23 24 IT IS SO ORDERED. DATE: November 4, 2013. 25 26 27 28 3 Stipulation and Order to Extend Time

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