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

Filing 6

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 10/20/15 ORDERING that the date the U.S. is 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 12/14/15. (Benson, A)

4

BENJAMIN B. WAGNER
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
11

UNITED STATES OF AMERICA,

12
13
14

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,

15
16
17

2013 CHEVROLET CAMARO SS, LICENSE
NUMBER 7GXH521, VIN: 2G1FK3DJ7D9224539,
2009 HARLEY DAVIDSON, LICENSE NUMBER
21P6911, VIN: 1HD1GY4319K311293,

18
19

2007 CHEVROLET AVALANCHE CREW CAB
1500, LICENSE NUMBER 10031T1, VIN:
3GNEC12017G225993, AND

20
21

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
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

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

17 to December 14, 2015, the time in which the United States is required to file a civil complaint for
18 forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant
19 properties are subject to forfeiture.
6.

20

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

21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27
28

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 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 December 14, 2015.
3 Dated: 10/15/15

BENJAMIN B. WAGNER
United States Attorney

4
By:
5

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

6
7 Dated: 10/15/15
8

/s/ Linda Parisi
___________________
LINDA PARISI
Attorney for potential claimant
David Allen Smith

9
(Authorized by telephone)
10
11

IT IS SO ORDERED.

12
13 DATED: October 20, 2015
14
15
16

__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT

17
18
19
20
21
22
23
24
25
26
27
28
3

Stipulation and Order to Extend Time