Filed: Feb. 26, 2014
Latest Update: Feb. 26, 2014
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE GARLAND E. BURRELL, Jr., Senior District Judge. It is hereby stipulated by and between the United States of America and claimants Greg Garma and Brenda Garma ("claimants"), by and through their respective counsel, as follows: 1. On or about September 26, 2013, claimants Greg Garma and Brenda Garma filed a claim, in the administrative forfeiture proceedings, with the In
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE GARLAND E. BURRELL, Jr., Senior District Judge. It is hereby stipulated by and between the United States of America and claimants Greg Garma and Brenda Garma ("claimants"), by and through their respective counsel, as follows: 1. On or about September 26, 2013, claimants Greg Garma and Brenda Garma filed a claim, in the administrative forfeiture proceedings, with the Int..
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
GARLAND E. BURRELL, Jr., Senior District Judge.
It is hereby stipulated by and between the United States of America and claimants Greg Garma and Brenda Garma ("claimants"), by and through their respective counsel, as follows:
1. On or about September 26, 2013, claimants Greg Garma and Brenda Garma filed a claim, in the administrative forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately $34,694.03 in U.S. Currency seized from Patelco Credit Union Saving Account Number 522851-SO0 (hereafter "defendant funds"), which were seized on August 21, 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. That deadline was December 24, 2013.
4. By Stipulation and Order filed January 8, 2014, the parties stipulated to extend to February 24, 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.
5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an extension to April 25, 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.
6. 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 April 25, 2014.
IT IS SO ORDERED.
