United States v. Approximately $76,261.00 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 Jennifer L. Thurston on 8/2/2022. (Filing Deadline: 10/2/2022). (Lundstrom, T)

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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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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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1:22-MC-00078-JLT

Plaintiff,
v.
APPROXIMATELY $76,261.00 IN
U.S. CURRENCY,

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

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

18 Cruz (“claimant”), by and through their respective counsel, as follows:
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1.

On or about March 7, 2022, claimant Jose Cruz filed a claim in the administrative

20 forfeiture proceedings with the Drug Enforcement Administration with respect to the Approximately
21 $76,261.00 in U.S. Currency (hereafter “defendant currency”), which was seized on December 14, 2021.
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2.

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

23 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
25 than the claimant has filed a claim to the defendant currency as required by law in the administrative
26 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 for

28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
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Stipulation and Order to Extend Time
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1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the
3 parties. That deadline was June 5, 2022.
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4.

By Stipulation and Order filed June 1, 2022, the parties stipulated to extend to August 3,

5 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant property and/or to obtain an indictment alleging that the defendant property is subject to
7 forfeiture.
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5.

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

9 to October 2, 2022, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
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6.

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

13 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
14 alleging that the defendant currency is subject to forfeiture shall be extended to October 2, 2022.
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Dated:

8/2/22

PHILLIP A. TALBERT
United States Attorney

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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Dated:

8/2/22

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/s/ James Roberts
JAMES ROBERTS
Attorney for potential claimant
Jose Cruz
(As approved by email on 8/2/22)

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IT IS SO ORDERED.
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Dated:

August 2, 2022

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Stipulation and Order to Extend Time