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

Filing 4

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 10/30/13: 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 shall be extended to January 29, 2014.(Kaminski, H)

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,

12

Plaintiff,

13
14
15

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.

16
17
18

It is hereby stipulated by and between the United States of America and claimant Gregory Thomas Phelan

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

1.

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

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

2.

The U.S. Postal Inspection Service has sent the written notice of intent to forfeit required by 18

24 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
25 defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the
26 defendant currency as required by law in the administrative forfeiture proceeding.
27

3.

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

28
29

1

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

4.

By Stipulation and Order filed August 5, 2013, the parties stipulated to extend to October 31,

6 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant
7 currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.
8

5.

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

9 January 29, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
10 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.
11

6.

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

12 a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
13 currency is subject to forfeiture shall be extended to January 29, 2014.
14 Dated: 10/24/2013

BENJAMIN B. WAGNER
United States Attorney

15
16

By:

17

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

18
19 Dated: 10/23/2013
20
21
22

/s/ Timothy Zindel
TIMOTHY ZINDEL
Attorney for claimant Gregory Thomas Phelan
(Authorized by email)

IT IS SO ORDERED.

23 Dated: October 30, 2013
24
25
26
27
28
29

2