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United States v. Approximately $97,980.00 in U.S. Currency

United States District Court, Ninth Circuit, California, E.D. California
Dec 13, 2013
2:13-MC-00083-JAM-DAD (E.D. Cal. Dec. 13, 2013)

Opinion

BENJAMIN B. WAGNER, United States Attorney, KEVIN C. KHASIGIAN, Assistant U.S. Attorney, Sacramento, CA. Attorneys for the United States

JOHN BALAZS, Attorney for claimant Joshua Bowen Furlong.


STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

JOHN A. MENDEZ, District Judge.

It is hereby stipulated by and between the United States of America and claimant Joshua Bowen Furlong ("claimant"), by and through their respective counsel, as follows:

1. On or about May 20, 2013, claimant Joshua Bowen Furlong filed a claim in the administrative forfeiture proceedings with the Drug Enforcement Administration ("DEA") with respect to the Approximately $97,980.00 in U.S. Currency (hereafter "defendant currency"), which was seized on January 10, 2013.

2. The DEA 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 the 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 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline was August 16, 2013.

4. By Stipulation and Order filed August 9, 2013, the parties stipulated to extend to October 15, 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. By Stipulation and Order filed October 11, 2013, the parties stipulated to extend to November 14, 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.

6. By Stipulation and Order filed November 14, 2013, the parties stipulated to extend to December 13, 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.

7. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to January 13, 2014, 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.

8. 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 January 13, 2014.

IT IS SO ORDERED.


Summaries of

United States v. Approximately $97,980.00 in U.S. Currency

United States District Court, Ninth Circuit, California, E.D. California
Dec 13, 2013
2:13-MC-00083-JAM-DAD (E.D. Cal. Dec. 13, 2013)
Case details for

United States v. Approximately $97,980.00 in U.S. Currency

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $97,980.00 IN U.S…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 13, 2013

Citations

2:13-MC-00083-JAM-DAD (E.D. Cal. Dec. 13, 2013)