United States of America v. Approximately $52,893.37 in U.S. Currency seized from Wells Fargo Account 1838449153
Filing
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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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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
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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2:14-MC-00055-TLN-AC
v.
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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,
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Defendant
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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:
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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.
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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.
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Stipulation to Extend Time to File Complaint
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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.
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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.
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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.
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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
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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21 Dated:
5/21/14
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/s/ Patrick K. Hanly
PATRICK K. HANLY
Attorney for Claimant David Zinnel
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(Authorized by email)
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IT IS SO ORDERED.
26 Dated: May 27, 2014
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Troy L. Nunley
United States District Judge
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Stipulation to Extend Time to File Complaint
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