United States of America v. Approximately $39,600.00 in U.S. Currency

Filing 2

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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1 2 3 4 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 5 6 Attorneys for the United States 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ) APPROXIMATELY $39,600.00 ) IN U.S. CURRENCY, ) ) Defendant. ) ____________________________________ ) 1:11-MC-15 LJO APPLICATION AND PROPOSED ORDER TO EXTEND TIME FOR FORFEITURE BY AGREEMENT OF THE PARTIES 17 18 The United States hereby requests an order extending the time in which it 19 may file a civil complaint for forfeiture and/or allege grounds for forfeiture in an 20 indictment, from the current deadline of June 16, 2011, to and including July 5, 21 2011. This request is made pursuant to 18 U.S.C. 983(a)(3)(A), based on agreement 22 of the parties, as follows: 23 1. Title 18 U.S.C. § 983(a)(3)(A) requires the United States to file a 24 complaint for forfeiture and/or to obtain an indictment alleging grounds for 25 forfeiture within 90 days after a claim has been filed in administrative forfeiture 26 proceedings, unless the court extends the deadline for good cause shown or by 27 agreement of the parties. The United States has secured agreement from the only 28 person likely to become a party. CONSENT APPLICATION TO EXTEND TIME 1 1 2. The seized currency was the subject of an administrative forfeiture 2 proceeding initiated by the Drug Enforcement Administration (“DEA”). DEA sent 3 written notice of intent to forfeit to all known interested parties. The time allowed 4 for claims under 18 U.S.C. § 983(a)(2)(A)-(E) has expired. Stephan Nicole Leon 5 (“Leon”) is the only person who filed a claim in the administrative forfeiture 6 proceeding. 7 3. On June 13, 2011, Leon consented in writing, through Sara Azari, 8 Esq., his counsel of record in the administrative forfeiture proceeding, to extend the 9 filing deadline for judicial forfeiture to and including July 5, 2011. This request is 10 made by ex parte application, rather than by stipulation, because of communication 11 difficulties resulting from Ms. Azari being out of the country. 12 4. Accordingly, the United States requests that the deadline for a 13 forfeiture complaint or indictment alleging that the seized currency is subject to 14 forfeiture be extended to July 5, 2011, by agreement of the parties. 15 16 Respectfully submitted, Dated: June 16, 2011 BENJAMIN B. WAGNER United States Attorney 17 18 /s/ David T. Shelledy DAVID T. SHELLEDY Assistant United States Attorney 19 20 ORDER 21 22 23 IT IS SO ORDERED. Dated: b9ed48 June 20, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 24 25 26 27 28 CONSENT APPLICATION TO EXTEND TIME 2

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