United States of America v. Approximately $67,646.00 in U.S. Currency

Filing 4

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/24/14 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture is EXTENDED to 1/6/2015. (Kastilahn, A)

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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: (916) 554-2700 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 v. 2:14-MC-00110-WBS-DAD 14 APPROXIMATELY $67,646.00 IN U.S. CURRENCY, STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 15 Defendant 16 17 It is hereby stipulated by and between the United States of America and claimant Cedric Sewell 18 (“claimant”), by and through their respective counsel, as follows: 19 1. On or about June 10, 2014, claimant Cedric Sewell filed a claim, in the administrative 20 forfeiture proceedings, with the Federal Bureau of Investigation with respect to the Approximately 21 $67,646.00 in U.S. Currency (hereafter “defendant currency”), which was seized on March 5, 2014. 22 2. The Federal Bureau of Investigation has sent the written notice of intent to forfeit 23 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any 24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person 25 other than the claimant has filed a claim to the defendant currency as required by law in the 26 administrative forfeiture proceeding. 27 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 1 Stipulation to Extend Time to File Complaint 29 30 1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative 2 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of 3 the parties. That deadline was September 8, 2014. 4. 4 By Stipulation and Order filed September 5, 2014, the parties stipulated to extend to 5 November 7, 2014, the time in which the United States is required to file a civil complaint for forfeiture 6 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 7 subject to forfeiture. 5. 8 As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 9 extend to January 6, 2015, the time in which the United States is required to file a civil complaint for 10 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 11 currency is subject to forfeiture. 6. 12 Accordingly, the parties agree that the deadline by which the United States shall be 13 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 14 alleging that the defendant currency is subject to forfeiture shall be extended to January 6, 2015. 15 Dated: 10/24/14 BENJAMIN B. WAGNER United States Attorney 16 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 17 18 19 Dated: 10/24/14 20 21 /s/ Colin Cooper COLIN COOPER Attorney for Claimant Cedric Sewell (Authorized via email) 22 23 24 IT IS SO ORDERED. Dated: October 24, 2014 25 26 27 28 29 30 2 Stipulation to Extend Time to File Complaint

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