Opinion
BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Special Assistant U.S. Attorney, 501 I Street, Suite 10-100, Sacramento, CA 95814, Telephone: (916) 554-2700, Attorneys for the United States.
DONALD H. HELLER, Attorney for Claimant, River City Cooperative Corp. By Linda M. Catabran, President & CEO, (Original signatures retained by attorney)
STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
WILLIAM B. SHUBB, District Judge.
It is hereby stipulated by and between the United States of America and potential claimant River City Cooperative Corporation, ("claimant"), by and through their respective attorneys, as follows:
1. On or about November 18, 2011, claimant filed a claim, in the administrative forfeiture proceedings, with the Internal Revenue Service with respect to the Approximately $56,698.35 in U.S. Currency seized from Safe Credit Union Account Number XXXXXX and Approximately $23,507.00 in U.S. Currency seized from Safe Credit Union Account Number XXXXXX (the "defendant funds"), which were seized on or about September 23, 2011.
2. The Internal Revenue 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 funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimants have 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 February 16, 2012.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to May 16, 2012, 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 May 16, 2012.
IT IS SO ORDERED.