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Case 2:13-mc-00075-WBS-EFB Document 4 Filed 10/02/13 Page 1 of 3







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


Attorneys for the United States






IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA







2:13-MC-00075-WBS-EFB




STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE



Plaintiff,


UNITED STATES OF AMERICA,





APPROXIMATELY $58,300.00 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK PERSONAL MONEY
MARKET SAVINGS ACCOUNT
NUMBER 6248766716, AND

APPROXIMATELY $18,462.71 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK PERSONAL MONEY
MARKET SAVINGS ACCOUNT
NUMBER 2449282355,





Defendant.



v.



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

claimants Angel Rios and Yolanda Rios (“claimants”), by and through their respective

counsel, as follows:

1. On or about May 1, 2013, claimants Angel Rios and Yolanda Rios filed

claims in the administrative forfeiture proceedings, with the Internal Revenue Service

with respect to the Approximately $58,300.00 in U.S. Currency seized from Wells

Fargo Bank Personal Money Market Savings Account Number 6248766716 and

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Stipulation and Order to Extend Time

Case 2:13-mc-00075-WBS-EFB Document 4 Filed 10/02/13 Page 2 of 3







Approximately $18,462.71 in U.S. Currency seized from Wells Fargo Bank Personal

Money Market Savings Account Number 2449282355 (hereafter the "defendant

funds"), which were seized on March 14, 2013.

2. The Internal Revenue Service has sent the written notice of intent to

forfeit required by 18 U.S.C. ' 983(a)(1)(A) to all known interested parties. The time

has expired for any person to file a claim to the defendant funds under 18 U.S.C. '

983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the

defendant funds as required by law in the administrative forfeiture proceeding.

3. Under 18 U.S.C. ' 983(a)(3)(A), the United States is 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 within ninety days after a

claim has been filed in the administrative forfeiture proceedings, unless the court

extends the deadline for good cause shown or by agreement of the parties. The

deadline was July 30, 2013.

4. By Stipulation and Order filed July 30, 2013, the parties stipulated to

extend to October 28, 2013, the time in which the United States is required to file a

civil complaint for forfeiture against the defendant assets and/or to obtain an

indictment alleging that the defendant assets are subject to forfeiture.

5.

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

extend to January 27, 2014, the time in which the United States is required to file a

civil complaint for forfeiture against the defendant funds and/or to obtain an

indictment alleging that the defendant funds are subject to forfeiture.

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Stipulation and Order to Extend Time

Case 2:13-mc-00075-WBS-EFB Document 4 Filed 10/02/13 Page 3 of 3







5. Accordingly, the parties agree 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 January 27, 2014.








BENJAMIN B. WAGNER
United States Attorney




DATE: 10/1/2013




DATE: 10-1-2013











IT IS SO ORDERED.



Dated: October 1, 2013




By:

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





/s/ Donald H. Heller
DONALD H. HELLER
Attorney for Claimants
Angel Rios and Yolanda Rios
(As authorized via email 10/1/13)









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Stipulation and Order to Extend Time