United States of America v. Approximately $44,251.43 in U.S. Currency seized from Bank of America Account Number 000905941180, held in the name Armando Flores Vasquez et al

Filing 6

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 4/9/2014 ORDERING the United States shall 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 7/8/2014.(Waggoner, D)

Download PDF
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: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 15 16 17 18 19 2:13-MC-00107-TLN-CKD STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $34,251.43 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 000905941180, HELD IN THE NAME ARMANDO FLORES VASQUEZ, and APPROXIMATELY $2,043.62 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 000905548374, HELD IN THE NAME ARMANDO FLORES VASQUEZ, Defendants. 20 21 22 It is hereby stipulated by and between the United States of America and claimant 23 Armando Flores Vazquez (“claimant”), by and through their respective counsel, as 24 follows: 25 1. On or about July 15, 2013, claimant Armando Flores Vazquez filed a claim, 26 in the administrative forfeiture proceedings, with the Internal Revenue Service with 27 respect to the Approximately $34,251.43 in U.S. Currency seized from Bank of America 28 29 30 1 Stipulation and Order to Extend Time to File Complaint 1 Account Number 000905941180 and the Approximately $2,043.62 in U.S. Currency seized 2 from Bank of America Account Number 000905548374 (hereafter “defendant funds”), 3 which were seized on May 6, 2013. 4 2. The Internal Revenue Service has sent the written notice of intent to forfeit 5 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has 6 expired for any person to file a claim to the defendant funds under 18 U.S.C. § 7 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant 8 funds as required by law in the administrative forfeiture proceeding. 9 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a 10 complaint for forfeiture against the defendant funds and/or to obtain an indictment 11 alleging that the defendant funds are subject to forfeiture within ninety days after a 12 claim has been filed in the administrative forfeiture proceedings, unless the court extends 13 the deadline for good cause shown or by agreement of the parties. That deadline was 14 October 11, 2013. 15 4. By Stipulation and Order filed October 8, 2013, the parties stipulated to 16 extend to January 9, 2014, the time in which the United States is required to file a civil 17 complaint for forfeiture against the defendant funds and/or to obtain an indictment 18 alleging that the defendant funds are subject to forfeiture. 19 5. By Stipulation and Order filed January 9, 2014, the parties stipulated to 20 extend to April 9, 2014, the time in which the United States is required to file a civil 21 complaint for forfeiture against the defendant funds and/or to obtain an indictment 22 alleging that the defendant funds are subject to forfeiture. 23 6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an 24 extension to July 8, 2014, the time in which the United States is required to file a civil 25 complaint for forfeiture against the defendant funds and/or to obtain an indictment 26 alleging that the defendant funds are subject to forfeiture. 27 /// 28 /// 29 30 2 Stipulation and Order to Extend Time to File Complaint 7. 1 Accordingly, the parties agree that the deadline by which the United States 2 shall be required to file a complaint for forfeiture against the defendant funds and/or to 3 obtain an indictment alleging that the defendant funds are subject to forfeiture shall be 4 extended to July 8, 2014. 5 Dated: 4/9/14 6 BENJAMIN B. WAGNER United States Attorney /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 9 11 /s/ William A. Harrison WILLIAM A. HARRISON Attorney for Claimant Armando Flores Vasquez 12 (As authorized via telephone) 10 Dated: 4/9/14 13 14 IT IS SO ORDERED. 15 Dated: April 9, 2014 16 17 18 Troy L. Nunley United States District Judge 19 20 21 22 23 24 25 26 27 28 29 30 3 Stipulation and Order to Extend Time to File Complaint

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?