Filed: Jul. 19, 2019
Latest Update: Jul. 19, 2019
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE MORRISON C. ENGLAND, JR. , District Judge . It is hereby stipulated by and between the United States of America and potential claimant Corlis McSpadden ("claimant"), by and through their respective counsel, as follows: 1. On or about April 12, 2019, claimant filed a claim in the administrative forfeiture proceeding with the U.S. Postal Inspection Service with respec
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE MORRISON C. ENGLAND, JR. , District Judge . It is hereby stipulated by and between the United States of America and potential claimant Corlis McSpadden ("claimant"), by and through their respective counsel, as follows: 1. On or about April 12, 2019, claimant filed a claim in the administrative forfeiture proceeding with the U.S. Postal Inspection Service with respect..
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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., District Judge.
It is hereby stipulated by and between the United States of America and potential claimant Corlis McSpadden ("claimant"), by and through their respective counsel, as follows:
1. On or about April 12, 2019, claimant filed a claim in the administrative forfeiture proceeding with the U.S. Postal Inspection Service with respect to the Approximately $11,450.00 in U.S. Currency (hereafter "defendant currency"), which was seized on February 7, 2019.
2. The U.S. Postal Inspection 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 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 July 11, 2019.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to October 9, 2019, 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. 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 October 9, 2019.
McGREGORW.SCOTT
United States Attorney
By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
Dated: 6/28/19
/s/Peter S. Herrick
PETER S. HERRICK
Attorney for potential claimant
Corlis McSpadden
(Signature authorized by email)
IT IS SO ORDERED.
