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U.S. v. Three Cashier's Checks in a Total Amount of $30,000.00, 1:19-MC-00013-AWI. (2019)

Court: District Court, E.D. California Number: infdco20190311807 Visitors: 11
Filed: Mar. 08, 2019
Latest Update: Mar. 08, 2019
Summary: STIPULATION FOR EXTENSION OF TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE; ORDER ANTHONY W. ISHII , Senior District Judge . It is hereby stipulated by and between the United States of America and claimant Kennard Poore ("Claimant"), by and through their respective counsel, as follows: 1. On or about December 13, 2018, Claimant filed a claim in the administrative forfeiture proceedings with the Federal Bureau of Investigation ("FBI") with respec
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STIPULATION FOR EXTENSION OF TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE; ORDER

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

1. On or about December 13, 2018, Claimant filed a claim in the administrative forfeiture proceedings with the Federal Bureau of Investigation ("FBI") with respect to the Three Cashier's Checks in a Total Amount of $30,000.00, seized on or about September 17, 2018 (the "subject property").

2. The FBI sent 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 subject property under 18 U.S.C. §§ 983(a)(2)(A)-(E), and no person other than Claimant has filed a claim to the subject property 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 subject property and/or to obtain an indictment alleging that the subject property is 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 in this case is March 13, 2019.

4. The parties are attempting to reach a resolution in this matter in lieu of filing a civil complaint for forfeiture against the subject property and/or obtaining an indictment alleging that the subject property is subject to forfeiture. Accordingly, pursuant to 18 U.S.C. § 983(a)(3)(A), the parties respectfully request that time in which the United States is required to file a civil complaint for forfeiture against the subject property and/or to obtain an indictment alleging that the subject property is subject to forfeiture be extended to April 3, 2019.

IT IS SO ORDERED.

Source:  Leagle

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