United States of America v. Approximately $180,340.00 in U.S. Currency et al
Filing
2
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/25/15. The time to file a complaint for forfeiture or to obtain an indictment is extended to 5/4/15. (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: (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.
14
15
16
17
18
2:15-MC-00012-WBS-AC
STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN
INDICTMENT ALLEGING
FORFEITURE
APPROXIMATELY $180,340.00 IN U.S.
CURRENCY,
APPROXIMATELY $9,900.00 IN U.S.
CURRENCY, and
APPROXIMATELY $22,792.04 SEIZED
FROM EL DORADO SAVINGS BANK
ACCOUNT NUMBER 13058966
Defendants.
19
20
21
It is hereby stipulated by and between the United States of America and claimant
22 Debbie Kay Cherms (“claimant”), by and through their respective counsel, as follows:
23
1.
On or about December 4, 2014, claimant Debbie Kay Cherms filed claims, in
24 the administrative forfeiture proceedings, with the Drug Enforcement Administration
25 with respect to the Approximately $180,340.00 in U.S. Currency, Approximately
26 $9,900.00 in U.S. Currency, and Approximately $22,792.04 seized from El Dorado
27 Savings Bank Account Number 13058966 (collectively “defendant assets”), which were
28 seized on June 11, 2014.
29
30
1
Stipulation to Extend Time to File Complaint
1
2.
The Drug Enforcement Administration 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
3 has expired for any person to file a claim to the defendant currency under 18 U.S.C. §
4 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant
5 currency as required by law in the administrative forfeiture proceeding.
6
3.
Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a
7 complaint for forfeiture against the defendant currency and/or to obtain an indictment
8 alleging that the defendant currency is subject to forfeiture within ninety days after a
9 claim has been filed in the administrative forfeiture proceedings, unless the court extends
10 the deadline for good cause shown or by agreement of the parties. That deadline is March
11 4, 2015.
12
4.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to
13 extend to May 4, 2015, the time in which the United States is required to file a civil
14 complaint for forfeiture against the defendant currency and/or to obtain an indictment
15 alleging that the defendant currency is subject to forfeiture.
16 ///
17 ///
18 ///
19 ///
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
29
30
2
Stipulation to Extend Time to File Complaint
1
5.
Accordingly, the parties agree that the deadline by which the United States
2 shall be required to file a complaint for forfeiture against the defendant currency and/or
3 to obtain an indictment alleging that the defendant currency is subject to forfeiture shall
4 be extended to May 4, 2015.
5 Dated:
2/23/15
6
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
7
8
9
BENJAMIN B. WAGNER
United States Attorney
11
/s/ Donald H. Heller
DONALD H. HELLER
Attorney for Claimant
Debbie Kay Cherms
12
Authorized via email
10
Dated:
2/23/15
13
14 IT IS SO ORDERED.
15
16 Dated: February 25, 2015
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3
Stipulation to Extend Time to File Complaint
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?