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

Filing 6

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/4/14 re: 5 . 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 February 6, 2015. (Meuleman, 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
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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,

20 through undersigned counsel, as follows:
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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.
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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.
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture

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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 July 9, 2014.
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4.

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

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.

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

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

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

15 to February 6, 2015, the time in which the United States is required to file a civil complaint for
16 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds
17 are subject to forfeiture.
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Stipulation and Order to Extend Time
for Filing A Complaint for Forfeiture

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7.

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

2 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
3 alleging that the defendant funds are subject to forfeiture shall be extended to February 6, 2015.
4 Dated:

12/4/14

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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8 Dated:

12/1/14

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/s/ William A. Welch
WILLIAM A. WELCH
Attorney for Claimant Manuel Luna
(Authorized via email 12/1/14)

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IT IS SO ORDERED.

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Dated: December 4, 2014

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