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

Filing 23

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr on 4/18/17 ORDERING 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 is EXTENDED to 7/13/17. (Becknal, R)

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4 PHILLIP A. TALBERT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 20 21 2:15-MC-00036-MCE-DB Plaintiff, 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, 22 Defendants. 23 24 It is hereby stipulated by and between the United States of America and potential claimant David 25 Allen Smith (“claimant”), by and through their respective counsel, as follows: 26 1. On or about February 17, 2015, the Citrus Heights Police Department seized the above- 27 28 29 1 Stipulation and Order to Extend Time 1 1 referenced defendant properties as part of a joint investigation with the Bureau of Alcohol, Tobacco, 2 Firearms and Explosives. 2. 3 Under 18 U.S.C. §§ 983(a)(1)(A)(iv) and 983 (a)(3)(A), the United States is required to 4 send notice to potential claimants, file a complaint for forfeiture against the defendant properties, and/or 5 obtain an indictment alleging that the defendant properties are subject to forfeiture within ninety days of 6 seizure by the State or local law enforcement agency, unless the court extends the deadline for good 7 cause shown or by agreement of the parties. That deadline was May 18, 2015. 3. 8 By Stipulation and Order filed April 29, 2015, the parties stipulated to extend to July 17, 9 2015, the time in which the United States is required to file a civil complaint for forfeiture against the 10 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to 11 forfeiture. 4. 12 By Stipulation and Order filed July 29, 2015, the parties stipulated to extend to October 13 15, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the 14 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to 15 forfeiture. 5. 16 By Stipulation and Order filed October 21, 2015, the parties stipulated to extend to 17 December 14, 2015, the time in which the United States is required to file a civil complaint for forfeiture 18 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are 19 subject to forfeiture. 6. 20 By Stipulation and Order filed December 23, 2015, the parties stipulated to extend to 21 March 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture 22 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are 23 subject to forfeiture. 7. 24 By Stipulation and Order filed March 16, 2016, the parties stipulated to extend to June 13, 25 2016, the time in which the United States is required to file a civil complaint for forfeiture against the 26 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to 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. 2 Stipulation and Order to Extend Time 1 forfeiture. 2 8. By Stipulation and Order filed June 14, 2016, the parties stipulated to extend to September 3 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the 4 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to 5 forfeiture. 6 9. By Stipulation and Order filed September 14, 2016, the parties stipulated to extend to 7 November 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture 8 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are 9 subject to forfeiture. 10 10. By Stipulation and Order filed November 14, 2016, the parties stipulated to extend to 11 February 13, 2017, the time in which the United States is required to file a civil complaint for forfeiture 12 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are 13 subject to forfeiture. 14 11. By Stipulation and Order filed February 7, 2017, the parties stipulated to extend to April 15 14, 2017, the time in which the United States is required to file a civil complaint for forfeiture against the 16 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to 17 forfeiture. 18 12. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 19 to July 13, 2017, the time in which the United States is required to file a civil complaint for forfeiture 20 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are 21 subject to forfeiture. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 29 3 Stipulation and Order to Extend Time 1 13. 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 July 13, 2017. 4 Dated: 4/13/17 5 By: 6 7 8 Dated: 4/14/17 9 10 11 PHILLIP A. TALBERT 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. 12 Dated: April 18, 2017 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 4 Stipulation and Order to Extend Time

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