United States of America v. Approximately $39,600.00 in U.S. Currency
Filing
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ORDER to EXTEND TIME for Forfeiture by Agreement of the Parties signed by District Judge Lawrence J. O'Neill on 6/20/2011. (Sant Agata, S)
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BENJAMIN B. WAGNER
United States Attorney
DAVID T. SHELLEDY
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2700
Facsimile: (916) 554-2900
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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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APPROXIMATELY $39,600.00
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IN U.S. CURRENCY,
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Defendant.
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____________________________________ )
1:11-MC-15 LJO
APPLICATION AND PROPOSED
ORDER TO EXTEND TIME FOR
FORFEITURE BY AGREEMENT OF
THE PARTIES
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The United States hereby requests an order extending the time in which it
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may file a civil complaint for forfeiture and/or allege grounds for forfeiture in an
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indictment, from the current deadline of June 16, 2011, to and including July 5,
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2011. This request is made pursuant to 18 U.S.C. 983(a)(3)(A), based on agreement
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of the parties, as follows:
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1.
Title 18 U.S.C. § 983(a)(3)(A) requires the United States to file a
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complaint for forfeiture and/or to obtain an indictment alleging grounds for
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forfeiture within 90 days after a claim has been filed in administrative forfeiture
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proceedings, unless the court extends the deadline for good cause shown or by
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agreement of the parties. The United States has secured agreement from the only
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person likely to become a party.
CONSENT APPLICATION TO EXTEND TIME
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2.
The seized currency was the subject of an administrative forfeiture
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proceeding initiated by the Drug Enforcement Administration (“DEA”). DEA sent
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written notice of intent to forfeit to all known interested parties. The time allowed
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for claims under 18 U.S.C. § 983(a)(2)(A)-(E) has expired. Stephan Nicole Leon
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(“Leon”) is the only person who filed a claim in the administrative forfeiture
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proceeding.
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3.
On June 13, 2011, Leon consented in writing, through Sara Azari,
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Esq., his counsel of record in the administrative forfeiture proceeding, to extend the
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filing deadline for judicial forfeiture to and including July 5, 2011. This request is
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made by ex parte application, rather than by stipulation, because of communication
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difficulties resulting from Ms. Azari being out of the country.
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4.
Accordingly, the United States requests that the deadline for a
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forfeiture complaint or indictment alleging that the seized currency is subject to
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forfeiture be extended to July 5, 2011, by agreement of the parties.
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Respectfully submitted,
Dated: June 16, 2011
BENJAMIN B. WAGNER
United States Attorney
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/s/ David T. Shelledy
DAVID T. SHELLEDY
Assistant United States Attorney
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ORDER
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IT IS SO ORDERED.
Dated:
b9ed48
June 20, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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CONSENT APPLICATION TO EXTEND TIME
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