Opinion
2:13-MC-00023-MCE-KJN
03-29-2013
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $5,300.00 IN U.S. CURRENCY, Defendant.
BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney Attorneys for the United States
BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
Attorneys for the United States
STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR
FORFEITURE AND/OR TO
OBTAIN AN INDICTMENT
ALLEGING FORFEITURE
It is hereby stipulated by and between the United States of America and claimants Oscar Innocenti and Francesca Innocenti ("claimants"), by and through their respective counsel, as follows:
1. On or about December 18, 2012, claimants Oscar Innocenti and Francesca Innocenti filed claims in the administrative forfeiture proceeding with the U.S. Customs and Border Protection with respect to the Approximately $5,300.00 in U.S. Currency (hereafter "defendant currency"), which was seized on October 9, 2012.
2. The U. S. Customs and Border Protection 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 claimants 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 March 18, 2013.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to May 17, 2013, 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 May 17, 2013.
BENJAMIN B. WAGNER
United States Attorney
By: ___________________
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
______________________
ZENIA K. GILG
Attorney for claimants
Oscar Innocenti and
Francesca Innocenti
(Signature authorized by email)
IT IS SO ORDERED
______________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE