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U.S. v. Approximately $104,340.00 in U.S. Currency, 2:14-MC-00007-MCE-EFB. (2014)

Court: District Court, E.D. California Number: infdco20140418b34 Visitors: 2
Filed: Apr. 15, 2014
Latest Update: Apr. 15, 2014
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE MORRISON C. ENGLAND, Jr., Chief District Judge. It is hereby stipulated by and between the United States of America and potential claimant Brian Keith Hall ("claimant"), by and through their respective counsel, as follows: 1. On or about October 21, 2013, claimant Brian Keith Hall filed a claim in the administrative forfeiture proceeding with the Drug Enforcement Admin
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

MORRISON C. ENGLAND, Jr., Chief District Judge.

It is hereby stipulated by and between the United States of America and potential claimant Brian Keith Hall ("claimant"), by and through their respective counsel, as follows:

1. On or about October 21, 2013, claimant Brian Keith Hall filed a claim in the administrative forfeiture proceeding with the Drug Enforcement Administration with respect to the Approximately $104,340.00 in U.S. Currency (hereafter "defendant currency"), which was seized on or about July 22, 2013.

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 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 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline is January 17, 2014.

4. By Stipulation and Order filed January 24, 2014, the parties stipulated to extend to April 17, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.

5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to June 16, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 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 currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture shall be extended to June 16, 2014.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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