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

Filing 4

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 2/19/2015. (Filing Deadline: 5/22/2015) (Fahrney, E)

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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1:14-MC-00076-LJO

UNITED STATES OF AMERICA,
Plaintiff,

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

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

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
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Stipulation and Order to Extend Time

1 Defendant Currency as required by law in the administrative forfeiture proceeding.
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3.

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

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

By Stipulation and Order filed on November 21, 2014, the parties

9 stipulated to extend to February 23, 2015, the time in which to file a Complaint for
10 Forfeiture and/or to Obtain an Indictment Alleging Forfeiture.
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5.

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

12 extend to May 22, 2015, the time in which the United States is required to file a civil
13 complaint for forfeiture against the Defendant Currency and/or to obtain an indictment
14 alleging that the Defendant Currency vehicle is subject to forfeiture.
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6.

Accordingly, the parties agree that the deadline by which the United

16 States shall be required to file a complaint for forfeiture against the Defendant
17 Currency and/or to obtain an indictment alleging that the Defendant Currency is
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2

Stipulation and Order to Extend Time

1 subject to forfeiture shall be extended to May 22, 2015.
2 Date:

2/19/15

BENJAMIN B. WAGNER
United States Attorney

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

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7 Date:

2/19/15

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

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SO ORDERED
Dated: February 19, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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Stipulation and Order to Extend Time