United States of America v. Approximately $87,575.00 seized from JP Morgan Chase Bank business checking account number 112992330 et al

Filing 2

STIPULATION and ORDER extending time to file a Complaint for Forfeiture and/or to obtain an Indictment signed by Chief Judge Morrison C. England, Jr on 10/17/13. (Kaminski, H)

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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 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2:13-MC-00108-MCE-KJN v. APPROXIMATELY $87,575.00 SEIZED FROM JP MORGAN CHASE BANK BUSINESS CHECKING ACCOUNT NUMBER 112992330, HELD IN THE NAME OF BENJAMIN B. ROZENBERG, DBA: MIDNITE EVENTS, APPROXIMATELY $33.12 SEIZED FROM JP MORGAN CHASE BANK BUSINESS SAVINGS ACCOUNT NUMBER 2906193650, HELD IN THE NAME OF BENJAMIN B. ROZENBERG, DBA: MIDNITE EVENTS, APPROXIMATELY $19,634.79 SEIZED FROM JP MORGAN CHASE BANK PERSONAL CHECKING ACCOUNT NUMBER 112992030, HELD IN THE NAME OF BENJAMIN B. ROZENBERG, AND APPROXIMATELY $5,434.78 SEIZED FROM JP MORGAN CHASE BANK PERSONAL SAVINGS ACCOUNT NUMBER 2906027380, HELD IN THE NAME OF BENJAMIN B. ROZENBERG, Defendants. 1 STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 1 2 It is hereby stipulated by and between the United States of America and claimant 3 Benjamin Rozenberg ("claimant"), by and through their respective attorneys, as follows: 4 1. On or about July 24, 2013, claimant Benjamin Rozenberg filed a claim in 5 the administrative forfeiture proceedings with the Internal Revenue Service - Criminal 6 Investigation with respect to the Approximately $87,575.00 seized from JP Morgan 7 Chase Bank business checking account number 112992330, held in the name of 8 Benjamin B. Rozenberg, DBA: Midnite Events, Approximately $33.12 seized from JP 9 Morgan Chase Bank business savings account number 2906193650, held in the name of 10 Benjamin B. Rozenberg, DBA: Midnite Events, Approximately $19,634.79 seized from JP 11 Morgan Chase Bank personal checking account number 112992030, held in the name of 12 Benjamin B. Rozenberg, and Approximately $5,434.78 seized from JP Morgan Chase 13 Bank personal savings account number 2906027380, held in the name of Benjamin B. 14 Rozenberg (hereafter the "defendant funds"). The defendant funds were seized on or 15 about May 16, 2013. 16 2. The Internal Revenue Service - Criminal Investigation has sent the written 17 notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested 18 parties. The time has expired for any person to file a claim to the defendant funds under 19 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the 20 defendant funds as required by law in the administrative forfeiture proceeding. 21 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a 22 complaint for forfeiture against the defendant funds and/or to obtain an indictment 23 alleging that the defendant funds are subject to forfeiture within 90 days after a claim 24 has been filed in the administrative forfeiture proceedings, unless the court extends the 25 deadline for good cause shown or by agreement of the parties. That deadline is currently 26 October 22, 2013. 27 28 29 2 1 4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to 2 extend to November 21, 2013, the time in which the United States is required to file a 3 civil complaint for forfeiture against the defendant funds and/or to obtain an indictment 4 alleging that the defendant funds are subject to forfeiture. 5 5. Accordingly, the parties agree that the deadline by which the United States 6 shall be required to file a complaint for forfeiture against the defendant funds and/or to 7 obtain an indictment alleging that the defendant funds are subject to forfeiture shall be 8 extended to November 21, 2013. 9 Dated: 10/10/13 10 BENJAMIN B. WAGNER United States Attorney By: /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 11 12 13 14 Dated: 10/9/13 15 /s/ John Balazs JOHN BALAZS Attorney for claimant Benjamin Rozenberg 16 (Authorized by email) 17 18 IT IS SO ORDERED. 19 Dated: October 17, 2013 20 21 22 23 24 25 26 27 28 29 3

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