USA v. Approximately $165,499.00 in U.S. Currency, et al

Filing 6

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 1/6/15 ORDERING that the deadline for the United States to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture is EXTENDED to 3/30/15. (Kastilahn, A)

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: [phone]
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

2:14-MC-00090-TLN-AC

v.

14

STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN
INDICTMENT ALLEGING
FORFEITURE

APPROXIMATELY $165,499.00 IN U.S.
CURRENCY, and

15
16

APPROXIMATELY $25,232.67 SEIZED FROM
MERRILL LYNCH WEALTH MANAGEMENT
ACCOUNT NUMBER 243-26197,

17
Defendants.
18
19

It is hereby stipulated by and between the United States of America and claimants Jimmy and

20 Elena Rogers (“claimants”), by and through their respective counsel, as follows:
21

1.

On or about April 4, 2014, claimants Jimmy and Elena Rogers filed a claim in the

22 administrative forfeiture proceedings, with the with the Drug Enforcement Administration with respect
23 to the Approximately $165,499.00 in U.S. Currency and the Approximately $25,232.67 seized from
24 Merrill Lynch Wealth Management Account Number 243-26197 (hereafter “defendant assets”), which
25 were seized on January 9, 2014 and adopted by the Drug Enforcement Administration on February 7,
26 2014.
27

2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

28
29
30

1

Stipulation to Extend Time to File Complaint

1 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
2 person to file a claim to the defendant assets under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
3 than the claimant has filed a claim to the defendant assets as required by law in the administrative
4 forfeiture proceeding.
5

3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

6 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
7 are subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
8 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties.
9 That deadline was July 3, 2014.
10

4.

By Stipulation and Order filed June 26, 2014, the parties stipulated to extend to October

11 1, 2014, the time in which the United States is required to file a civil complaint for forfeiture against
12 the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to
13 forfeiture.
14

5.

By Stipulation and Order filed October 3, 2014, the parties stipulated to extend to

15 December 30, 2014, the time in which the United States is required to file a civil complaint for
16 forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets
17 are subject to forfeiture.
18

6.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an extension

19 to March 30, 2015, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are
21 subject to forfeiture.
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
29
30

2

Stipulation to Extend Time to File Complaint

1 ///
7.

2

Accordingly, the parties agree that the deadline by which the United States shall be

3 required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment
4 alleging that the defendant assets are subject to forfeiture shall be extended to March 30, 2015.
5 Dated:

12/24/14

BENJAMIN B. WAGNER
United States Attorney

6
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

7
8
9

Dated:

12/24/14

11

/s/ Thomas A. Johnson
THOMAS A. JOHNSON
Attorney for Claimants
Jimmy and Elena Rogers

12

(Authorized via phone)

10

13
14

IT IS SO ORDERED.

15 Dated: January 6, 2015
16
17
18

Troy L. Nunley
United States District Judge

19
20
21
22
23
24
25
26
27
28
29
30

3

Stipulation to Extend Time to File Complaint