The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
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 Attorneys for the United States
APPLICATION AND PROPOSED ORDER TO EXTEND TIME FOR FORFEITURE BY AGREEMENT OF THE PARTIES
The United States hereby requests an order extending the time in which it may file a civil complaint for forfeiture and/or allege grounds for forfeiture in an indictment, from the current deadline of June 16, 2011, to and including July 5, 2011. This request is made pursuant to 18 U.S.C. 983(a)(3)(A), based on agreement of the parties, as follows:
1. Title 18 U.S.C. § 983(a)(3)(A) requires the United States to file a complaint for forfeiture and/or to obtain an indictment alleging grounds for forfeiture within 90 days after a claim has been filed in administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. The United States has secured agreement from the only person likely to become a party.
2. The seized currency was the subject of an administrative forfeiture proceeding initiated by the Drug Enforcement Administration ("DEA"). DEA sent written notice of intent to forfeit to all known interested parties. The time allowed for claims under 18 U.S.C. § 983(a)(2)(A)-(E) has expired. Stephan Nicole Leon ("Leon") is the only person who filed a claim in the administrative forfeiture proceeding.
3. On June 13, 2011, Leon consented in writing, through Sara Azari, Esq., his counsel of record in the administrative forfeiture proceeding, to extend the filing deadline for judicial forfeiture to and including July 5, 2011. This request is made by ex parte application, rather than by stipulation, because of communication difficulties resulting from Ms. Azari being out of the country.
4. Accordingly, the United States requests that the deadline for a forfeiture complaint or indictment alleging that the seized currency is subject to forfeiture be extended to July 5, 2011, by agreement of the parties.
CONSENT APPLICATION TO EXTEND TIME 2
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