United States of America v. Approximately $400,720.00 in U.S. Currency et al

Filing 7

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/19/2011 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the dft currency and/or to obtain an indictment alleging that the dft currency is subject to forfeiture shall be extended to 12/16/2011. (Zignago, K.)

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BENJAMIN B. WAGNER
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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IN THE UNITED STATES DISTRICT COURT FOR THE

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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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v.
APPROXIMATELY $400,720.00 IN
U.S. CURRENCY,
APPROXIMATELY $294,967.00 IN
U.S. CURRENCY,
APPROXIMATELY $3,073.00 IN
U.S. CURRENCY,
APPROXIMATELY $399,940.00 IN
U.S. CURRENCY,
APPROXIMATELY $200,000.00 IN
U.S. CURRENCY,

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Defendants.

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2:11-MC-00021-LKK-KJN
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

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It is hereby stipulated by and between the United States of

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America and claimant Lonnie Patrick Terrell ("claimant"), by and

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through their respective attorney, as follows:

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1.

On or about December 22, 2010, claimant Lonnie Patrick

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Terrell filed claims, in the administrative forfeiture proceedings,

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with the Drug Enforcement Administration with respect to the five

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Stipulation and Order to Extend Time

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assets listed in the above-caption (hereafter the "defendant

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currency"), which were seized October 27, 2010.

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2.

The Drug Enforcement Administration has sent the written

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notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to

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all known interested parties.

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to file a claim to the defendant currency under 18 U.S.C. §

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983(a)(2)(A)-(E), and no person other than claimant has filed a

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claim to the defendant currency as required by law in the

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administrative forfeiture proceeding.

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3.

The time has expired for any person

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

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required to file a complaint for forfeiture against the defendant

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currency and/or to obtain an indictment alleging that the defendant

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currency is subject to forfeiture within 90 days after a claim has

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been filed in the administrative forfeiture proceedings, unless the

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court extends the deadline for good cause shown or by agreement of

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the parties.

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4.

That deadline was March 22, 2011.

By Stipulation and Order filed March 3, 2011, the parties

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stipulated to extend to June 20, 2011, the time in which the United

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States is required to file a civil complaint for forfeiture against

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the defendant currency and/or to obtain an indictment alleging that

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the defendant currency is subject to forfeiture.

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5.

By Stipulation and Order filed June 1, 2011, the parties

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stipulated to extend to September 19, 2011, the time in which the

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United States is required to file a civil complaint for forfeiture

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against the defendant currency and/or to obtain an indictment

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alleging that the defendant currency is subject to forfeiture.

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6.

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

by agreement to further extend to December 16, 2011, the time in

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Stipulation and Order to Extend Time

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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

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indictment alleging that the defendant currency is subject to

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forfeiture.

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7.

Accordingly, the parties agree that the deadline by which

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the United States shall be required to file a complaint for

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forfeiture against the defendant currency and/or to obtain an

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indictment alleging that the defendant currency is subject to

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forfeiture shall be extended to December 16, 2011.

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BENJAMIN B. WAGNER
United States Attorney

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DATE: 9/8/11

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

DATE: 9-8-11

/s/ Zenia K. Gilg
ZENIA K. GILG
Attorney for Claimant Lonnie
Patrick Terrell

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(Signature retained by attorney)
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IT IS SO ORDERED.

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DATED: September 19, 2011.

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Stipulation and Order to Extend Time