Filed: Nov. 29, 2012
Latest Update: Nov. 29, 2012
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE JOHN A. MENDEZ, District Judge. It is hereby stipulated by and between the United States of America and Claimants Robert Edward Mulready and Melissa Miller, by and through their respective attorneys, as follows: 1. On or about September 6, 2012, claimant Robert Edward Mulready filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Admini
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE JOHN A. MENDEZ, District Judge. It is hereby stipulated by and between the United States of America and Claimants Robert Edward Mulready and Melissa Miller, by and through their respective attorneys, as follows: 1. On or about September 6, 2012, claimant Robert Edward Mulready filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Adminis..
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
JOHN A. MENDEZ, District Judge.
It is hereby stipulated by and between the United States of America and Claimants Robert Edward Mulready and Melissa Miller, by and through their respective attorneys, as follows:
1. On or about September 6, 2012, claimant Robert Edward Mulready filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the first five assets listed above. Also on or about September 6, 2012, claimant Melissa Miller filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Administration with respect to the last four assets listed above (hereafter collectively "defendant assets"), which were seized on or about May 24, 2012.
2. The Drug Enforcement Administration 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 currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant currency 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 currency and/or to obtain an indictment alleging that the defendant currency 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 is December 5, 2012.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an extension to February 4, 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. Accordingly, the parties agree that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture shall be extended to February 4, 2013.
IT IS SO ORDERED.
