United States of America v. Approximately $52,893.37 in U.S. Currency seized from Wells Fargo Account 1838449153

Filing 5

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/27/14 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture is EXTENDED to 6/20/2014. (Kastilahn, A)

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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 2:14-MC-00055-TLN-AC v. 14 15 STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $52,893.37 IN U.S. CURRENCY SEIZED FROM WELLS FARGO BANK ACCOUNT 1838449153, HELD IN THE NAME OF DAVID ZINNEL, 16 Defendant 17 18 It is hereby stipulated by and between the United States of America and claimant David Zinnel 19 (“claimant”), by and through their respective counsel, as follows: 20 1. On or about January 21, 2014, claimant David Zinnel filed a claim, in the administrative 21 forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately 22 $52,893.37 seized from Wells Fargo Bank account 1838449153, held in the name of David Zinnel 23 (hereafter “defendant funds”), which were seized on November 5, 2013. 24 2. The Internal Revenue Service has sent the written notice of intent to forfeit required by 25 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 funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant 27 has filed a claim to the defendant funds as required by law in the administrative forfeiture proceeding. 28 29 30 1 Stipulation to Extend Time to File Complaint 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 funds and/or to obtain an indictment alleging that the defendant funds 3 are subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture 4 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. 5 That deadline was April 21, 2014. 6 4. By Stipulation and Order filed April 22, 2014, the parties stipulated to extend to May 21, 7 2014, the time in which the United States is required to file a civil complaint for forfeiture against the 8 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 9 forfeiture. 10 5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 11 extend to June 20, 2014, the time in which the United States is required to file a civil complaint for 12 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds 13 are subject to forfeiture. 14 6. Accordingly, the parties agree that the deadline by which the United States shall be 15 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment 16 alleging that the defendant funds are subject to forfeiture shall be extended to June 20, 2014. 17 Dated: 5/21/14 BENJAMIN B. WAGNER United States Attorney 18 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 19 20 21 Dated: 5/21/14 22 /s/ Patrick K. Hanly PATRICK K. HANLY Attorney for Claimant David Zinnel 23 (Authorized by email) 24 25 IT IS SO ORDERED. 26 Dated: May 27, 2014 27 28 29 30 Troy L. Nunley United States District Judge 2 Stipulation to Extend Time to File Complaint

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