United States of America v. Approximately $10,707.87 seized from First Bank checking account number 9417915527 et al

Filing 4

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 1/27/2015 ORDERING 3 the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the Defendant Properties and/or to obtain an indictment alleging that the Defendant Properties are subject to forfeiture shall be extended to 5/4/2015. (Reader, L)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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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Plaintiff,

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

v.
APPROXIMATELY $10,707.87 SEIZED FROM
FIRST BANK CHECKING ACCOUNT NUMBER
9417915527, HELD IN THE NAME OF COST U
LESS CARS, INC.,
2008 BMW 528I, VIN: WBANU53538CT09595,
LICENSE NUMBER: WL33, and
2006 BMW 750I, VIN: WBAHL83586DT01002,
LICENSE NUMBER: 5PDN702,
Defendants.

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2:14-MC-00114-MCE-AC

UNITED STATES OF AMERICA,

It is hereby stipulated by and between the United States of America and claimant Hani Ataya

22 ("claimant"), by and through their respective attorneys, as follows:
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1.

On or about August 7, 2014, claimant Hani Ataya filed a claim in the administrative

24 forfeiture proceedings with the Internal Revenue Service - Criminal Investigation with respect to the
25 Approximately $10,707.87 seized from First Bank checking account number 9417915527, held in the
26 name of Cost U Less Cars, Inc.; 2008 BMW 528i, VIN: WBANU53538CT09595, License Number:
27 WL33; and 2006 BMW 750i, VIN: WBAHL83586DT01002, License Number: 5PDN702 (hereafter the
28 "Defendant Properties"). The Defendant Properties were seized on or about June 19, 2014.
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Stipulation and Order to Extend Time

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The Internal Revenue Service - Criminal Investigation has sent the written notice of intent

2 to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for
3 any person to file a claim to the Defendant Properties under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
4 other than claimant has filed a claim to the Defendant Properties as required by law in the administrative
5 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

7 forfeiture against the Defendant Properties and/or to obtain an indictment alleging that the Defendant
8 Properties are subject to forfeiture within 90 days after a claim has been filed in the administrative
9 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the
10 parties. That deadline was November 5, 2014.
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4.

By Stipulation and Order filed October 29, 2014, the parties stipulated to extend to

12 February 3, 2015, the time in which the United States is required to file a civil complaint for forfeiture
13 against the Defendant Properties and/or to obtain an indictment alleging that the Defendant Properties are
14 subject to forfeiture.
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5.

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

16 to May 4, 2015, the time in which the United States is required to file a civil complaint for forfeiture
17 against the Defendant Properties and/or to obtain an indictment alleging that the Defendant Properties are
18 subject to forfeiture.
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Stipulation and Order to Extend Time

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6.

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 Properties and/or to obtain an indictment
3 alleging that the Defendant Properties are subject to forfeiture shall be extended to May 4, 2015.
4 Dated: 12/31/14
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BENJAMIN B. WAGNER
United States Attorney
By: /s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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8 Dated: 1/16/15
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/s/ Patrick K. Hanly
PATRICK K. HANLY
Attorney for claimant Hani Ataya
(Authorized by email)

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ORDER

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IT IS SO ORDERED.

14 Dated: January 27, 2015
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Stipulation and Order to Extend Time