IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 24, 2012
UNITED STATES OF AMERICA,
APPROXIMATELY $23,462.20 IN U.S. AND/OR TO OBTAIN AN INDICTMENT CURRENCY SEIZED FROM BANK OF ALLEGING FORFEITURE AMERICA ACCOUNT NUMBER 12699- 69713, HELD IN THE NAME OF BALJIT SINGH DBA CFS, AND
APPROXIMATELY $3,481.17 IN U.S. CURRENCY SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 12697- 18687, HELD IN THE NAME OF SHARANJIT KAUR DBA CONSUMER CREDIT REPAIR, DEFENDANTS.
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant United States Attorney United States Courthouse 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for UNITED STATES OF AMERICA
SECOND STIPULATION AND PROPOSED ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE
It is hereby stipulated by and between the United States of America and Claimants Baljit Singh and Sharanjit Kaur, (hereafter "Claimants"), by and through their respective attorney, as follows:
1. On or about October 27, 2011, Claimants filed claims, in the administrative forfeiture proceeding, with the Federal Bureau of Investigation ("FBI") with respect to the approximately $23,462.20 in U.S. Currency seized from Bank of America Account Number 12699-69713 held in the name of Baljit Singh dba CFS, and approximately $3,481.17 in U.S. Currency seized from Bank of America Account Number 12697-18687 held in the name of Sharanjit Kaur dba Consumer Credit Repair (collectively the "defendant funds"), which were seized on or about July 29, 2011.
2. The FBI has sent the written notice of intent to forfeit as required by 21 U.S.C. § 881 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(s) other than the Claimants have filed claims 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 is 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.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties entered into a stipulation and obtained a court order extending the initial time in which the United States was required to file a complaint to April 25, 2012.
5. As that time is approaching, and given that the parties again wish by agreement to extend to July 25, 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 is subject to forfeiture.
6. 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 is subject to forfeiture shall be extended to July 25, 2012.
ORDER The parties fail to explain the delay for the United States to file a forfeiture complaint or the need for another lengthy extension to do so. As a courtesy, this Court GRANTS the United States up to June 4, 2012 to file a forfeiture complaint and will grant no further extensions absent good cause.
IT IS SO ORDERED.
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