USA v. Approx. $81,013.41 Seized from JP Morgan Chase Bank Account, et al

Filing 2

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/2/14 ORDERING the parties agree 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 shall be extended to October 7, 2014. (Becknal, R)

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
13
14
15

2:14-MC-00091-WBS-AC

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

v.
APPROXIMATELY $81,013.41 SEIZED FROM
JP MORGAN CHASE BANK ACCOUNT
NUMBER 3060031290, HELD IN THE NAME
OF MANUEL LUNA,

16
Defendant.
17
18
19

It is hereby stipulated by and between the United States of America and claimant Manuel Luna,

20 through undersigned counsel, as follows:
21

1.

On or about April 10, 2014, claimant Manuel Luna filed a claim, in the administrative

22 forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately
23 $81,013.41 seized from JP Morgan Chase Bank Account Number 3060031290, held in the name of
24 Manuel Luna (hereafter “defendant funds”), which were seized on February 7, 2014.
25

2.

The Internal Revenue Service has sent the written notice of intent to forfeit required by

26 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
27 claim to the defendant funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant
28 has filed a claim to the defendant funds as required by law in the administrative forfeiture proceeding.
29
30

1

Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture

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 is July 9, 2014.
6

4.

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

7 to October 7, 2014, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject
9 to forfeiture.
10

5.

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

11 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
12 alleging that the defendant funds are subject to forfeiture shall be extended to October 7, 2014.
13 Dated:

7/2/14

BENJAMIN B. WAGNER
United States Attorney

14
By:
15

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

16
17 Dated:

7/2/14
/s/ William A. Welch
WILLIAM A. WELCH
Attorney for Claimant Manuel Luna
(Authorized via phone 7/2/14)

18
19
20
21

IT IS SO ORDERED.

22 Dated: July 2, 2014
23
24
25
26
27
28
29
30

2

Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture