United States v. Approximately $16,727.00 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 Chief District Judge Kimberly J. Mueller on 03/27/2024.(Maldonado, C)

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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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Plaintiff,
v.
APPROXIMATELY $16,727.00 IN
U.S. CURRENCY,

1:24-MC-00048-NODJ
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

Defendant.

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

19 Adriana Jones, appearing in propria persona, as follows:
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1.

The United States and Claimant Adriana Jones (“Claimant”), one of the plaintiffs in the

21 civil action in Miller, et al v. Juarez Cartel, United States District Court for the District of North Dakota
22 Civil Action No 1:20-cv-132; agree to extend the deadline for the United States to file judicial forfeiture
23 proceedings against the asset discussed below.
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2.

Claimant filed more than 1,200 claims in nonjudicial civil forfeiture proceedings initiated

25 by the Drug Enforcement Administration (“DEA”) and Customs and Border Protection (“CBP”).1 One
26 of those claims relates to the above-captioned asset potentially subject to judicial forfeiture in the Eastern
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The other plaintiffs in Howard Miller, et al. v. Juarez Cartel intended to file claims in the DEA and CBP
nonjudicial forfeiture proceedings. Since DEA and CBP determined that Claimant was the only plaintiff who filed a timely,
valid claim, only her consent is necessary to extend the deadline set out in 18 U.S.C. § 983(a)(3)(A).

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Stipulation and Order to Extend Time

1 District of California (the “defendant currency”). Claimant intends this agreement to apply to all claims
2 filed by Claimant.
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3.

DEA and CBP have referred or are in the process of referring the claims to United States

4 Attorney’s Offices.
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4.

Pursuant to 18 U.S.C. § 983(a)(3)(A) and (B), the United States has 90 days from its

6 receipt of a claim in a nonjudicial forfeiture proceeding to initiate a judicial forfeiture proceeding against
7 the defendant currency. This deadline is known as the CAFRA deadline.
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5.

On November 15, 2023, Claimant agreed to extend to February 29, 2024, the CAFRA

9 deadline for those assets that would otherwise have an earlier CAFRA deadline.
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6.

On December 29, 2023, Claimant filed additional claims to other assets proceeding

11 through nonjudicial civil forfeitures. Those assets have a March 28, 2024, CAFRA deadline.
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7.

As provided in 18 U.S.C. § 983(a)(3)(A), Claimant and the United States have agreed to

13 extend the time within which the United States may file a judicial action for forfeiture against the
14 defendant currency to give the parties sufficient time to try to resolve these matters.
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8.

Claimant knowingly, intelligently, and voluntarily gives up any right she may have under

16 18 U.S.C. § 983(a)(3)(A)-(B) to require the United States to file a judicial forfeiture against the defendant
17 currency covered by this agreement on or before the deadline referenced in paragraphs 5 and 6 and any
18 right that she may have to seek dismissal of any judicial forfeiture action on the ground that it was not
19 timely filed.
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9.

Claimant and the United States agree, that in the event the Claimant seeks to file an

21 amended claim, the United States will not argue that the amended claim is untimely during the course of
22 the agreed upon extension. Claimant and the United States further agree, that in the event that Claimant
23 does file an amended claim, and the amended claim filed by Claimant is co-signed by, and submitted on
24 behalf of, all plaintiffs in Howard Miller, et al. v. Juarez Cartel, the United States will not argue that the
25 amended claim of all plaintiffs is untimely during the course of the agreed extension.
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10.

Claimant has consulted with counsel for the Miller plaintiffs, Michael Elsner of Motley

27 Rice and Samuel Mitchell of Mitchell & Mitchell, and counsel has authorized Claimant to represent that
28 counsel also consents to this extension of time.
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Stipulation and Order to Extend Time

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11.

Claimant and the United States agree to extend the deadline by which the United States

2 may timely file a judicial forfeiture against the defendant currency until April 30, 2024. In the event the
3 April 30, 2024, deadline is not met, Claimant and the United States agree that the Claimant may assert
4 any rights right she may have under 18 U.S.C. § 983(a)(3)(A)-(B) to require the United States to file a
5 judicial forfeiture against the defendant currency covered by this agreement.
6 Dated: 3/22/24
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PHILLIP A. TALBERT
United States Attorney
By:

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

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/s/ Adriana Jones
ADRIANA JONES
Potential Claimant, appearing in propria persona
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
(Signature retained by attorney)

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IT IS SO ORDERED.

18 DATED: March 27, 2024.
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Stipulation and Order to Extend Time