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U.S. v. APPROXIMATELY $147,260.00 IN U.S. CURRENCY, 2:14-MC-00133-MCE-EFB. (2015)

Court: District Court, E.D. California Number: infdco20150116e36 Visitors: 12
Filed: Jan. 14, 2015
Latest Update: Jan. 14, 2015
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 James Pozo, by and through their respective attorneys, as follows: 1. On or about August 20, 2014, claimant James Pozo filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Administration ("DEA") wit
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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 James Pozo, by and through their respective attorneys, as follows:

1. On or about August 20, 2014, claimant James Pozo filed a claim, in the administrative forfeiture proceedings, with the Drug Enforcement Administration ("DEA") with respect to the Approximately $147,260.00 in U.S. Currency (hereafter "defendant currency"), which was seized on May 6, 2014 and adopted by DEA on June 24, 2014.

2. The DEA 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 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 is November 18, 2014.

4. By Stipulation and Order filed November 7, 2014, the parties stipulated to extend to December 18, 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. By Stipulation and Order filed December 16, 2014, the parties stipulated to extend to January 19, 2015, 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to February 19, 2015, 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.

7. 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 February 19, 2015.

IT IS SO ORDERED.

Source:  Leagle

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