United States of America v. Approximately $47,495.00 in U.S. Currency

Filing 2

STIPULATION and ORDER Extending Time for Filing a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture, signed by District Judge Lawrence J. O'Neill on 11/25/2014. (Kusamura, W)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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

v.
APPROXIMATELY $47,495.00 IN U.S.
CURRENCY,
Defendant.

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1:14-MC-00076-LJO

It is hereby stipulated by and between the United States of America and claimant Dady Lu
Thongthipvoravong (“Claimant”), by and through their respective counsel, as follows:
1.

On or about August 23, 2013, Claimant filed a claim in the administrative forfeiture

proceedings with the Drug Enforcement Administration with respect to the approximately
$47,495.00 in U.S. Currency (hereafter “Defendant Currency”), which was seized on or about May
27, 2014.
2.

The Drug Enforcement Administration 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 Claimant has filed a claim to the Defendant Currency as required by law in the
administrative forfeiture proceeding.
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Stipulation and Order to Extend Time

3.

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Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

2 forfeiture against the Defendant Currency and/or to obtain an indictment alleging that the Defendant
3 Currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceedings, unless the Court extends the deadline for good cause shown or by agreement
5 of the parties. That deadline is November 24, 2014.
5.

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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an

7 extension to February 23, 2015, the time in which the United States is required to file a civil
8 complaint for forfeiture against the Defendant Currency and/or to obtain an indictment alleging that
9 the Defendant Currency vehicle is subject to forfeiture.
6.

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Accordingly, the parties agree that the deadline by which the United States shall be

11 required to file a complaint for forfeiture against the Defendant Currency and/or to obtain an
12 indictment alleging that the defendant vehicle is subject to forfeiture shall be extended to February
13 23, 2015.
14 Dated:

11/21/14

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S. Attorney

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11/21/14

/s/ Angel Mata
ANGEL MATA
Attorney for Claimant
Dady Lu Thongthipvoravong

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SO ORDERED
Dated: November 25, 2014
/s/ Lawrence J. O’Neill
United States District Judge

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Stipulation and Order to Extend Time