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

Filing 6

STIPULATION AND ORDER signed by Senior Judge William B. Shubb on 1/5/2015 ORDERING the United States 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 by 3/6/2015. (Michel, G)

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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Plaintiff,

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v.

2:14-MC-00110-WBS-DAD

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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

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Defendant
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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:
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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.
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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.
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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
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Stipulation to Extend Time to File Complaint
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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.
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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.
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5.

By Stipulation and Order filed October 27, 2014, the parties stipulated to extend to

9 January 6, 2015, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
11 subject to forfeiture.
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6.

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

13 extend to March 6, 2015, the time in which the United States is required to file a civil complaint for
14 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
15 currency is subject to forfeiture.
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Stipulation to Extend Time to File Complaint

7.

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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 currency and/or to obtain an indictment
3 alleging that the defendant currency is subject to forfeiture shall be extended to March 6, 2015.
4 Dated:

1/5/15

BENJAMIN B. WAGNER
United States Attorney

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

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Dated:

1/5/15

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/s/ Colin Cooper
COLIN COOPER
Attorney for Claimant Cedric Sewell
(Authorized via email)

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IT IS SO ORDERED.

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Dated: January 5, 2015

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Stipulation to Extend Time to File Complaint