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

Filing 4

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/2/14: 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 December 8, 2014. (Kaminski, H)

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
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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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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,

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Defendant.
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It is hereby stipulated by and between the United States of America and claimant Manuel Luna,
through undersigned counsel, as follows:
1.

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

forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately
$81,013.41 seized from JP Morgan Chase Bank Account Number 3060031290, held in the name of
Manuel Luna (hereafter “defendant funds”), which were seized on February 7, 2014.
2.

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

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

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture

1 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
2 are subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
3 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties.
4 That deadline was July 9, 2014.
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4.

By Stipulation and Order filed July 3, 2014, the parties stipulated to extend to October 7,

6 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
7 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
8 forfeiture.
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5.

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

10 to December 8, 2014, the time in which the United States is required to file a civil complaint for
11 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
12 are subject to forfeiture.
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6.

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

14 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
15 alleging that the defendant funds are subject to forfeiture shall be extended to December 8, 2014.
16 Dated:

10/2/14

BENJAMIN B. WAGNER
United States Attorney

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

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10/2/14

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/s/ William A. Welch
WILLIAM A. WELCH
Attorney for Claimant Manuel Luna
(Authorized via phone 10/2/14)

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IT IS SO ORDERED.

24 Dated: October 2, 2014
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture