Opinion
BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN Assistant U.S. Attorney, Attorneys for the United States
ROBERT E. WEBB Attorney for potential claimants Ricky Wise Valencia C. Hawthorne
STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
Troy L. Nunley, Judge.
It is hereby stipulated by and between the United States of America and potential claimants Ricky Wise ("claimants" or "Wise") and Valencia C. Hawthorne ("claimants" or "Hawthorne"), by and through their respective counsel, as follows:
1. On or about October 15, 2014, claimants Wise and Hawthorne filed claims in the administrative forfeiture proceeding with the Drug Enforcement Administration with respect to the Approximately $15,020.00 in U.S. Currency (the "Wise defendant currency") and Approximately $14,000.00 in U.S. Currency (the "Hawthorne defendant currency" and together with the Wise defendant currency, collectively, the "defendant currency"), which was seized on or about July 31, 2014.
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 13, 2015.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to March 13, 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.
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 March 13, 2015.
IT IS SO ORDERED