United States of America v. Approximately $47,000.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER signed by Judge John A. Mendez on 1/17/2013 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to forfeiture is EXTENDED to 3/18/2013. (Zignago, K.)

4

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

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,
Plaintiff,

12
13
14
15
16
17
18

v.
APPROXIMATELY $47,000.00 IN U.S.
CURRENCY,

2:13-MC-00003-JAM-KJN
STIPULATION AND ORDER
EXTENDING TIME FOR FILING A
COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

1996 CORRECT CRAFT SKI NAUTIQUE
BOAT, HULL ID NUMBER: CTC68032J596,
and
2011 GMC SIERRA 1500 PICKUP TRUCK,
VIN: 1GTR1VE09BZ335637, LICENSE
NUMBER: 26436D1,

19
20

Defendants.

21
22

It is hereby stipulated by and between the United States of America and

23 potential claimants Temple Christian John Ball and Jennifer Lee Ball ("claimants"), by
24 and through their respective attorneys, as follows:
25

1. On or about October 19, 2012, claimant Temple Christian John Ball filed

26 claims, in the administrative forfeiture proceedings, with the Drug Enforcement
27 Administration (“DEA”) with respect to the above-referenced defendant properties,
28 which were seized on or about June 28, 2012, by Placer County law enforcement
1

Stipulation and Order to Extend Time

1 officers. The DEA adopted the defendant properties for federal forfeiture on July 27,
2 2012.
3

2. The DEA has sent the written notice of intent to forfeit required by 18 U.S.C. §

4 983(a)(1)(A) to all known interested parties. The time has expired for any person to file
5 a claim to the defendant properties under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
6 other than claimant Temple Christian John Ball has filed a claim to the defendant
7 properties 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 properties and/or to obtain an indictment
10 alleging that the defendant properties are subject to forfeiture within 90 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. That
13 deadline is currently January 17, 2013.
14

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

15 extend to March 18, 2013, the time in which the United States is required to file a civil
16 complaint for forfeiture against the defendant properties and/or to obtain an indictment
17 alleging that the defendant properties are subject to forfeiture.
18

5. Accordingly, the parties agree that the deadline by which the United States

19 shall be required to file a complaint for forfeiture against the defendant properties
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
2

Stipulation and Order to Extend Time

1 and/or to obtain an indictment alleging that the defendant properties are subject to
2 forfeiture shall be extended to March 18, 2013.
3 DATED: 1/16/13

BENJAMIN B. WAGNER
United States Attorney

4
By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

5
6
7
8 DATED: 1/16/13
9
10
11

/s/ J. Raza Lawrence
J. RAZA LAWRENCE
MARGOLIN & LAWRENCE
Attorney for Potential Claimants
Temple Christian John Ball and
Jennifer Lee Ball
(Authorized by email)

12
13
14

IT IS SO ORDERED.

15
16 Dated: 1/17/2013

/s/ John A. Mendez__________________________
UNITED STATES DISTRICT COURT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
3

Stipulation and Order to Extend Time