Filed: Apr. 04, 2013
Latest Update: Apr. 04, 2013
Summary: STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE ANTHONY W. ISHII, District Judge. It is hereby stipulated by and between the United States of America and Claimants James H. Park and Helen Park, ("Claimants"), by and through their respective attorneys, as follows: 1. On or about January 3, 2012, Claimants filed a claim with the Internal Revenue Service Criminal Investigations with respect to the above
Summary: STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE ANTHONY W. ISHII, District Judge. It is hereby stipulated by and between the United States of America and Claimants James H. Park and Helen Park, ("Claimants"), by and through their respective attorneys, as follows: 1. On or about January 3, 2012, Claimants filed a claim with the Internal Revenue Service Criminal Investigations with respect to the above-..
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STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
ANTHONY W. ISHII, District Judge.
It is hereby stipulated by and between the United States of America and Claimants James H. Park and Helen Park, ("Claimants"), by and through their respective attorneys, as follows:
1. On or about January 3, 2012, Claimants filed a claim with the Internal Revenue Service Criminal Investigations with respect to the above-referenced approximately $70,563.22 in U.S. Currency seized from Mission Bank account number 3000288 (the "funds") which was seized on or about November 7, 2012.
2. The Internal Revenue Service Criminal Investigations has sent written notice of intent to forfeit as required by 18 U.S.C. § 983 to all known interested parties. The time has expired for any person to file a claim to the funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the Claimants have filed a claim to the funds in the administrative forfeiture proceeding.
3. Title 18 U.S.C. § 983(a)(3)(A) requires the United States to file a complaint for forfeiture against the funds and/or to obtain an indictment alleging that the funds are subject to forfeiture within 90 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. At present the United States' deadline to file a complaint for forfeiture against the funds and/or to obtain an indictment alleging that the funds are subject to forfeiture is April 3, 2013.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to April 24, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the funds and/or to obtain an indictment alleging that the 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 funds and/or to obtain an indictment alleging that the funds are subject to forfeiture shall be extended to April 24, 2013.
IT IS SO ORDERED.
