United States of America v. Approximately $95,240.00 in U.S. Currency

Filing 2

STIPULATION and ORDER Extending Time for Filing a Complaint for Forfeiture and/or Obtain an Indictment Alleging Forfeiture, signed by District Judge Dale A. Drozd on 5/11/2017. (The deadline by which the United States shall be required to file a complaint for forfeiture against the Defendant Currency and/or to obtain an indictment alleging that the Defendant Currency is subject to forfeiture shall be extended to 7/14/2017.) (Gaumnitz, R)

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PHILLIP A. TALBERT
United States Attorney
JEFFREY A. SPIVAK
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
United States of America

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

No. 1:17-MC-00030-DAD
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

APPROXIMATELY $95,240.00 IN U.S.
CURRENCY,

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Defendant.
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It is hereby stipulated by and between the United States of America and claimant

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Raymond Richardson (“Claimant”), by and through their respective counsel, as follows:

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1.

On or about February 14, 2017, Claimant filed a claim in the administrative

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forfeiture proceedings with the Drug Enforcement Administration with respect to the

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Approximately $95,240.00 in U.S. Currency (hereafter “Defendant Currency”), which was seized

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on October 18, 2016.

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2.

The Drug Enforcement Administration has sent the written notice of intent to

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forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired

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for any person to file a claim to the defendant funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no

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person other than the claimants has filed a claim to the Defendant Currency as required by law in

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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 complaint

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for forfeiture against the Defendant Currency and/or to obtain an indictment alleging that the

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Defendant Currency is subject to forfeiture within ninety days after a claim has been filed in the

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administrative forfeiture proceedings, unless the court extends the deadline for good cause shown

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or by agreement of the parties. That deadline is May 15, 2017.

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4.

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

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to July 14, 2017, the time in which the United States is required to file a civil complaint for

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forfeiture against the Defendant Currency and/or to obtain an indictment alleging that the

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Defendant Currency is subject to forfeiture.

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5.

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

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required to file a complaint for forfeiture against the Defendant Currency and/or to obtain an

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indictment alleging that the Defendant Currency is subject to forfeiture shall be extended to July

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14, 2017.

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Dated: May 9, 2017

PHILLIP A. TALBERT
United States Attorney

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant United States Attorney

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Dated: May 9, 2017

/s/ Thomas S. Brown
THOMAS S. BROWN
Attorney for Claimant Raymond Richardson
(As approved by email on 05/09/2017)

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IT IS SO ORDERED.
Dated:

May 11, 2017
UNITED STATES DISTRICT JUDGE

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