United States of America v. Approximately $92,777.78 in U.S. Currency, seized from River City Bank Account Number 0220074437

Filing 2

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 2/15/2013 ORDERING the United States 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 by 3/20/2013. (Michel, G)

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
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
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Plaintiff,

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v.

2:13-MC-00013-MCE-AC

14 APPROXIMATELY $92.777.78 IN U.S.
CURRENCY SEIZED FROM RIVER
15 CITY BANK ACCOUNT NUMBER
0220074437, HELD IN THE NAMES OF
16 ADAM WOOD AND BREANNA WOOD,

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

Defendant.

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

20 (“claimant”), by and through their respective counsel, as follows:
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1.

On or about November 20, 2012, claimant Adam Wood filed a claim, in the

22 administrative forfeiture proceedings, with the Internal Revenue Service with respect to the
23 Approximately $92,777.78 (hereafter “defendant funds”), which were seized on November 5, 2012.
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2.

The Internal Revenue Service has sent the written notice of intent to forfeit required by

25 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
26 claim to the defendant funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant
27 has filed a claim to the defendant funds as required by law in the administrative forfeiture proceeding.
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3.

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

2 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
3 are subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
4 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties.
5 That deadline is February 18, 2013.
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4.

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

7 to March 20, 2013, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject
9 to forfeiture.
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5.

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

11 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
12 alleging that the defendant funds are subject to forfeiture shall be extended to March 20, 2013.
13 Dated:

2/12/13

BENJAMIN B. WAGNER
United States Attorney

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

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18 Dated:

2/11/13

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/s/ Patrick K. Hanly
PATRICK K. HANLY
Attorney for Claimant Adam Wood

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(As authorized via email on 2/11/13)

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IT IS SO ORDERED.

23 Dated: February 15, 2013
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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE