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U.S. v. Approximately $177,000.00 in U.S. Currency, 1:16-MC-00044-DAD. (2016)

Court: District Court, E.D. California Number: infdco20160815850 Visitors: 9
Filed: Aug. 12, 2016
Latest Update: Aug. 12, 2016
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE DALE A. DROZD , District Judge . It is hereby stipulated by and between the United States of America and claimant Ana Rodriguez ("Claimant" or "Rodriguez"), by and through their respective counsel, as follows: 1. On or about May 20, 2016, claimant Rodriguez filed a claim in the administrative forfeiture proceedings with the United States Department of Homeland Secur
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and claimant Ana Rodriguez ("Claimant" or "Rodriguez"), by and through their respective counsel, as follows:

1. On or about May 20, 2016, claimant Rodriguez filed a claim in the administrative forfeiture proceedings with the United States Department of Homeland Security, Customs and Border Protection with respect to the Approximately $177,000.00 in U.S. Currency, Approximately $5,000.00 in U.S. Currency, and Approximately $27,890.01 Seized from Wells Fargo Bank Account Number XXXXX, Held in the Name of Ana Rodriguez (hereafter "Defendant Funds"), which were seized on May 20, 2015, and June 9, 2015.

2. The United States Department of Homeland Security, Customs and Border Protection 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. That deadline is August 17, 2016.

4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to November 15, 2016, 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.

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 November 15, 2016.

IT IS SO ORDERED.

Source:  Leagle

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