United States of America v. Approximately $84,359.00 in U.S. Currency et al

Filing 17

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 11/10/16: 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 February 13, 2017. (Kaminski, H)

4

PHILLIP A. TALBERT
Acting United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

UNITED STATES OF AMERICA,

11

Plaintiff,

12
13
14
15
16
17
18
19
20

2:15-mc-00036-MCE-DAD
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

v.
APPROXIMATELY $84,359.00 IN U.S.
CURRENCY,
2013 CHEVROLET CAMARO SS, LICENSE
NUMBER 7GXH521, VIN: 2G1FK3DJ7D9224539,
2009 HARLEY DAVIDSON, LICENSE NUMBER
21P6911, VIN: 1HD1GY4319K311293,
2007 CHEVROLET AVALANCHE CREW CAB
1500, LICENSE NUMBER 10031T1, VIN:
3GNEC12017G225993, AND
2004 CADILLAC XLR, LICENSE NUMBER
7GXH653, VIN: 1G6YV34A345601665,

21

Defendants.

22
23

It is hereby stipulated by and between the United States of America and potential claimant David

24 Allen Smith (“claimant”), by and through their respective counsel, as follows:
25

1.

On or about February 17, 2015, the Citrus Heights Police Department seized the above-

26 referenced defendant properties1 as part of a joint investigation with the Bureau of Alcohol, Tobacco,
27
28
29

1

The United States learned that a total of $83,221.35 was seized from David Smith, rather than the $84,359.00 identified in
the caption. In addition, the United States decided not to file against the 2013 Chevrolet Camaro SS, 2009 Harley Davidson,
and 2004 Cadillac XLR identified in the caption.

1

Stipulation and Order to Extend Time

1 Firearms and Explosives.
2

2.

Under 18 U.S.C. §§ 983(a)(1)(A)(iv) and 983 (a)(3)(A), the United States is required to

3 send notice to potential claimants, file a complaint for forfeiture against the defendant properties, and/or
4 obtain an indictment alleging that the defendant properties are subject to forfeiture within ninety days of
5 seizure by the State or local law enforcement agency, unless the court extends the deadline for good
6 cause shown or by agreement of the parties. That deadline was May 18, 2015.
7

3.

By Stipulation and Order filed April 29, 2015, the parties stipulated to extend to July 17,

8 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
9 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
10 forfeiture.
11

4.

By Stipulation and Order filed July 29, 2015, the parties stipulated to extend to October

12 15, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
13 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
14 forfeiture.
15

5.

By Stipulation and Order filed October 21, 2015, the parties stipulated to extend to

16 December 14, 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.
19

6.

By Stipulation and Order filed December 23, 2015, the parties stipulated to extend to

20 March 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture
21 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
22 subject to forfeiture.
23

7.

By Stipulation and Order filed March 16, 2016, the parties stipulated to extend to June 13,

24 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
25 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
26 forfeiture.
27

8.

By Stipulation and Order filed June 14, 2016, the parties stipulated to extend to September

28 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
2
Stipulation and Order to Extend Time
29

1 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
2 forfeiture.
3

9.

By Stipulation and Order filed September 14, 2016, the parties stipulated to extend to

4 November 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
6 subject to forfeiture.
7

10.

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

8 to February 13, 2017, the time in which the United States is required to file a civil complaint for
9 forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant
10 properties are subject to forfeiture.
11

11.

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

12 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment
13 alleging that the defendant properties are subject to forfeiture shall be extended to February 13, 2017.
14 Dated: 11/9/16
15

By:

16
17
18

Dated: 11/9/16

19
20
21
22

PHILLIP A. TALBERT
Acting United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Linda Parisi
LINDA PARISI
Attorney for potential claimant
David Allen Smith
(Authorized by phone)

IT IS SO ORDERED.
Dated: November 10, 2016

23
24
25
26
27
28
29

3

Stipulation and Order to Extend Time