Opinion
BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, Sacramento, CA, Attorneys for the United States.
DIRK L. MANOUKIAN, Attorney for claimant Aris C. Toledo.
STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
TROY L. NUNLEY, District Judge.
It is hereby stipulated by and between the United States of America and claimant Aris C. Toledo ("claimant"), by and through their respective attorneys, as follows:
1. On or about March 1, 2013, claimant Aris C. Toledo filed a claim in the administrative forfeiture proceedings with the Internal Revenue Service - Criminal Investigation with respect to the Approximately $237,600.00 seized from Wells Fargo Bank Account Number XXXXXXXXXX, held in the name of Triple A's Sporting Goods and Approximately $1,151.96 seized from Wells Fargo Bank Account Number XXXXXXXXXX, held in the name of Aris C. Toledo, seized on or about January 3, 2013 (hereafter the "defendant funds").
2. The Internal Revenue Service - Criminal Investigation 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 funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the defendant funds 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 funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture within 90 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 currently May 30, 2013.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to July 29, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are 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 funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture shall be extended to July 29, 2013.
IT IS SO ORDERED.