United States of America v. Approximately $35,000.00 in U.S. Currency

Filing 2

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 2/27/2012 EXTENDING the deadline by which the United States shall be required to file a complaint for forfeiture and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture until 4/12/2012. (Michel, G)

1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
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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FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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APPROXIMATELY $35,000.00 in
15 U.S. CURRENCY,
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Defendant.
_______________________________

) 2:12-MC-00013-GEB-GGH
)
) 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 America and
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Claimant Edwin Movagharian ("Claimant"), by and through his respective attorney,
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as follows:
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1. On or about November 29, 2011, 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 $35,000.00 in U.S. Currency (hereafter the "defendant currency"),
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which was seized on September 2, 2011.
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2. The Drug Enforcement Administration has sent the written notice of intent
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to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time
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has expired for any person 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 have filed a claim to the defendant
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1

Stipulation and Order to Extend Time

1 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
5 a 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 is currently February 27, 2012.
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4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

9 extend to April 12, 2012, the time in which the United States is required to file a civil
10 complaint for forfeiture against the defendant currency and/or to obtain an indictment
11 alleging that the defendant currency is subject to forfeiture.
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5. Accordingly, the parties agree that the deadline by which the United States

13 shall be required to file a complaint for forfeiture against the defendant currency
14 and/or to obtain an indictment alleging that the defendant currency is subject to
15 forfeiture shall be extended to April 12, 2012.
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BENJAMIN B. WAGNER
United States Attorney

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DATE: 2/24/12
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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21 DATE: 2/24/12
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/s/ Janet Sherman
JANET SHERMAN
Attorney for Claimant Edward Movagharian
(Authorized by email)

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IT IS SO ORDERED.
25 Dated: February 27, 2012
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GARLAND E. BURRELL, JR.
United States District Judge

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Stipulation and Order to Extend Time

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Stipulation and Order to Extend Time