United States of America v. Approximately $122,000.00 in U.S. Currency

Filing 2

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 8/2/2013 ORDERING the United States 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 by 10/31/2013. (Michel, G)

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

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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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v.
APPROXIMATELY $122,000.00 IN U.S.
CURRENCY,

2:13-MC-00072-MCE-AC
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 Gregory

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

On or about May 6, 2013, claimant Gregory Thomas Phelan filed a claim in the

21 administrative forfeiture proceeding with the U.S. Postal Inspection Service with respect to the
22 Approximately $122,000.00 in U.S. Currency (hereafter “defendant currency”), which was seized on
23 February 5, 2013.
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2.

The U.S. Postal Inspection Service has sent the written notice of intent to forfeit required

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

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

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

7 October 31, 2013, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
9 subject 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 currency and/or to obtain an indictment
12 alleging that the defendant currency is subject to forfeiture shall be extended to October 31, 2013.
13 Dated: 7/23/2013

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Timothy Zindel
TIMOTHY ZINDEL
Attorney for claimant
Gregory Thomas Phelan, Sr.

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(Signature authorized by email)

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Dated: 7/23/2013

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

IT IS SO ORDERED.
Dated: August 2, 2013

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Stipulation and Order to Extend Time