United States of America v. Approximately $84,359.00 in U.S. Currency et al
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr. on 7/28/2015 ORDERING 3 that Plaintiff United States of America 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 10/15/2015. (Reader, L)
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BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
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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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UNITED STATES OF AMERICA,
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2:15-MC-00036-MCE-DAD
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,
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Defendants.
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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:
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1.
On or about February 17, 2015, the Citrus Heights Police Department seized the above-
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Stipulation and Order to Extend Time
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1 referenced defendant properties as part of a joint investigation with the Bureau of Alcohol, Tobacco,
2 Firearms and Explosives.
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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.
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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.
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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend
13 to October 15, 2015, the time in which the United States is required to file a civil complaint for forfeiture
14 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
15 subject to forfeiture.
5.
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Accordingly, the parties agree that the deadline by which the United States shall be
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The United States recently 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 has decided not to file against the 2013 Chevrolet Camaro SS, 2009
Harley Davidson, and 2004 Cadillac XLR identified in the caption.
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Stipulation and Order to Extend Time
1 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment
2 alleging that the defendant properties are subject to forfeiture shall be extended to October 15, 2015.
3 Dated: 7/16/15
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BENJAMIN B. WAGNER
United States Attorney
By:
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7 Dated: 7/16/15
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/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)
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ORDER
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IT IS SO ORDERED.
13 Dated: July 28, 2015
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Stipulation and Order to Extend Time
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