United States of America v. Approximately $122,000.00 in U.S. Currency
Filing
8
STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/14: 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 be extended to May 27, 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: (916) 554-2700
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
19 Thomas Phelan (“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
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.
24
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 a
26 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 proceeding.
28
29
1
Stipulation and Order to Extend Time
1
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 was August 2, 2013.
6
4.
By Stipulation and Order filed August 5, 2013, the parties stipulated to extend to October
7 31, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the
8 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
9 forfeiture.
10
5.
By Stipulation and Order filed October 31, 2013, the parties stipulated to extend to
11 January 29, 2014, the time in which the United States is required to file a civil complaint for forfeiture
12 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
13 subject to forfeiture.
14
6.
By Stipulation and Order filed January 29, 2014, the parties stipulated to extend to March
15 28, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
17 forfeiture.
18
7.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend
19 to May 27, 2014, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
21 subject to forfeiture.
22
8.
Accordingly, the parties agree that the deadline by which the United States shall be
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
29
2
Stipulation and Order to Extend Time
1 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
2 alleging that the defendant currency is subject to forfeiture shall be extended to May 27, 2014.
3 Dated: 3/24/14
BENJAMIN B. WAGNER
United States Attorney
4
5
By:
6
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
7
8 Dated: 3/24/14
9
10
/s/ Timothy Zindel
TIMOTHY ZINDEL
Attorney for claimant Gregory Thomas Phelan
(Authorized by email)
11
ORDER
12
13
IT IS SO ORDERED.
14 Dated: March 27, 2014
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3
Stipulation and Order to Extend Time
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?