United States of America v. $56,212.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/5/12 ORDERING that 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 11/19/12. (Becknal, R)

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
14
15

Case No. 2:12-mc-0069 MCE CKD

v.

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

APPROXIMATELY $56,212.00 IN U.S.
CURRENCY AND

16

APPROXIMATELY $12,000.00 IN U.S.
CURRENCY,

17

Defendants.

18
19
20
21
22
23
24
25
26
27

It is hereby stipulated by and between the United States of America and claimant Robert
Cappiello (“claimant”), by and through their respective counsel, as follows:
1.

On or about June 20, 2012, claimant Robert Cappiello filed a claim in the

administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the
Approximately $56,212.00 in U.S. Currency and Approximately $12,000.00 in U.S. Currency
(hereafter the “defendant currency”), which was seized on March 7, 2012.
2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person

28
1

Stipulation and Order to Extend Time

1 other than claimant has filed a claim to the defendant currency as required by law in the
2 administrative forfeiture proceeding.
3

3.

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

4 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
5 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
6 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of
7 the parties. That deadline is currently September 18, 2012.
8

4.

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

9 November 19, 2012, the time in which the United States is required to file a civil complaint for
10 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
11 currency is subject to forfeiture.
12

6.

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

13 required to file a complaint for forfeiture against the defendant currency and/or to obtain an
14 indictment alleging that the defendant currency is subject to forfeiture shall be extended to
15 November 19, 2012.
16 Dated: 8/31/12

BENJAMIN B. WAGNER
United States Attorney

17
By:

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

18
19
20 Dated: 8.31.12

/s/ Zenia K. Gilg
ZENIA K. GILG
Attorney for Claimant
Robert Cappiello

21
22

(Signature retained by attorney)

23

IT IS SO ORDERED.
24 Dated: September 5, 2012
25
26

__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

27
28
2

Stipulation and Order to Extend Time