United States of America v. Approximately $108,341.20 seized from Tri Counties Bank Account Number 461021608

Filing 4

STIPULATION and ORDER extending time to file a complaint for forfeiture and/or obtain an indictment to 5/4/15 signed by Senior Judge William B. Shubb on 2/2/15. (Manzer, C)

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-00128-WBS-EFB

Plaintiff,
v.
APPROXIMATELY $108,341.20 SEIZED FROM
TRI COUNTIES BANK ACCOUNT NUMBER
461021608, HELD IN THE NAME OF
HOUSSAM ATAYA dba ATAYA MOTORS,

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 potential claimant

19 Houssam Ataya, by and through their respective attorneys, as follows:
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1.

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

21 administrative forfeiture proceedings, with the Internal Revenue Service with respect to the
22 Approximately $108,341.20 seized from Tri Counties Bank Account Number 461021608, held in
23 the name of Houssam Ataya dba Ataya Motors (hereafter “defendant funds”), which were seized on
24 June 19, 2014.
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2.

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

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

3 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant
4 funds are subject to forfeiture within ninety days after a claim has been filed in the administrative
5 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement
6 of the parties. That deadline was November 5, 2014.
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4.

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

8 February 3, 2015, the time in which the United States is required to file a civil complaint for
9 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant
10 funds are subject to forfeiture.
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5.

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

12 extension to May 4, 2015, the time in which the United States is required to file a civil complaint for
13 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant
14 funds are subject to forfeiture.
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6.

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

16 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
17 alleging that the defendant funds are subject to forfeiture shall be extended to May 4, 2015.
18 Dated: 1/30/2015

BENJAMIN B. WAGNER
United States Attorney

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By:

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

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23 Dated: 1/30/2015

/s/ Patrick K. Hanly
PATRICK K. HANLY
Attorney for potential claimant Houssam Ataya
(Authorized via email 1/30/15)

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IT IS SO ORDERED.
26 Dated: February 2, 2015
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Stipulation and Order to Extend Time