United States of America v. Approximately $30,000.00 in U.S. Currency et al

Filing 6

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/2/17 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture shall be extended to May 8, 2017.(Becknal, R)

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

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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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Plaintiff,
v.

2:16-MC-00139-WBS-AC
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $30,000.00 IN U.S.
CURRENCY,

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APPROXIMATELY $165,172.25 IN NET
PROCEEDS FROM THE SALE OF REAL
PROPERTY LOCATED AT 16749 FORTY
NINER TRAIL, LATHROP,
CALIFORNIA, APN: 191-370-530-000,

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

21 Timothy Chapin (“claimant”), by and through their respective counsel, as follows:
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1.

On or about May 10, 2016, the Federal Bureau of Investigation (“FBI”) seized the

23 defendant Approximately $30,000.00 in U.S. Currency pursuant to a Federal seizure warrant. On or
24 about May 27, 2016, the FBI seized the defendant Approximately $165,172.25 in net proceeds from the
25 sale of real property located at 16749 Forty Niner Trail, Lathrop, California, APN: 191-370-530-000,
26 pursuant to a Federal seizure warrant (hereafter collectively “defendant funds”).
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2.

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

28 send notice to potential claimants, file a complaint for forfeiture against the defendant funds, or obtain an
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Stipulation and Order to Extend Time

1 indictment alleging that the defendant funds are subject to forfeiture within ninety days of seizure, unless
2 the court extends the deadline for good cause shown or by agreement of the parties. That deadline was
3 August 8, 2016 for the Approximately $30,000.00 in U.S. Currency and August 25, 2016 for the
4 Approximately $165,172.25 in net proceeds.
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3.

By Stipulation and Order filed August 9, 2016, the parties stipulated to extend to

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

By Stipulation and Order filed November 8, 2016, the parties stipulated to extend to

10 February 6, 2017, the time in which the United States is required to file a civil complaint for forfeiture
11 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
12 forfeiture.
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5.

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

14 to May 8, 2017, the time in which the United States is required to file a civil complaint for forfeiture
15 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
16 forfeiture.
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6.

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

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Stipulation and Order to Extend Time

1 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
2 alleging that the defendant funds are subject to forfeiture shall be extended to May 8, 2017.
3 Dated:

2/2/17

PHILLIP A. TALBERT
United States Attorney

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By:

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

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8 Dated: 2/1/17
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/s/ Sean Riordan
SEAN RIORDAN
Attorney for claimant Timothy Chapin
(Authorized by email)

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IT IS SO ORDERED.

13 Dated: February 2, 2017
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Stipulation and Order to Extend Time