United States of America v. 1964 Chevrolet Impala, License No. 5XDA830 et al

Filing 4

STIPULATION and ORDER 3 signed by Senior Judge William B. Shubb on 6/26/2013 ORDERING that that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle is subject to forfeiture is extended to 7/29/2013. (Kirksey Smith, K)

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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UNITED STATES OF AMERICA,

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Plaintiff,

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2:13-MC-00040-WBS-CKD
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

v.
1964 CHEVROLET IMPALA, VIN:
41847J156295, LICENSE NUMBER:
5XDA830, and
APPROXIMATELY $20,940.00 IN U.S.
CURRENCY,

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Defendants.

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It is hereby stipulated by and between the United States of America and claimant Roger S.

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

On or about January 15, 2013, claimant Roger S. Segura filed a claim in the

23 administrative forfeiture proceedings with the Federal Bureau of Investigation (“FBI”) with respect to
24 the 1964 Chevrolet Impala, VIN: 41847J156295, License Number: 5XDA830 (hereafter “defendant
25 vehicle”), which was seized on November 8, 2012. On or about January 30, 2013, claimants Jaime
26 Sturgis and Monique Sturgis filed a claim in the administrative forfeiture proceedings with the FBI with
27 respect to the Approximately $20,940.00 in U.S. Currency (hereafter “defendant currency”), which was
28 seized on November 8, 2012.
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Stipulation and Order to Extend Time

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2.

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

2 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the
3 defendant vehicle and defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than
4 the claimants has filed a claim to the defendant vehicle and defendant currency as required by law in the
5 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

7 forfeiture against the defendant vehicle and defendant currency and/or to obtain an indictment alleging
8 that the defendant vehicle and defendant currency are subject to forfeiture within ninety days after a
9 claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline
10 for good cause shown or by agreement of the parties. That deadline was April 15, 2013 for the
11 defendant vehicle and April 30, 2013 for the defendant currency.
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4.

By Stipulation and Order filed April 17, 2013, the parties stipulated to extend to June 28,

13 2013, the time in which the United States is required to file a civil complaint for forfeiture against the
14 defendant vehicle and defendant currency and/or to obtain an indictment alleging that the defendant
15 vehicle and defendant currency are subject to forfeiture.
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5.

The United States filed a Bill of Particulars on May 20, 2013, in U.S. v. Vidal Dominic

17 Fabela, et al., 2:12-CR-00392-JAM, seeking criminal forfeiture of the defendant currency.
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6.

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

19 to July 29, 2013, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant vehicle and/or to obtain an indictment alleging that the defendant vehicle is subject
21 to forfeiture.
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7.

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

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Stipulation and Order to Extend Time

1 required to file a complaint for forfeiture against the defendant vehicle and/or to obtain an indictment
2 alleging that the defendant vehicle is subject to forfeiture shall be extended to July 29, 2013.
3 Dated: 6/26/13

BENJAMIN B. WAGNER
United States Attorney

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

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8 Dated: 6/25/13
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/s/ Julius M. Engel
JULIUS M. ENGEL
Attorney for claimant Roger S. Segura
(Authorized by email)

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IT IS SO ORDERED.

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Dated: June 26, 2013

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Stipulation and Order to Extend Time