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

Filing 4

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 4/12/2012 ORDERING 3 the parties agree that 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 5/14/2012. (Reader, L)

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

19 Claimant Edwin Movagharian ("Claimant"), by and through his respective attorney,
20 as follows:
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1. On or about November 29, 2011, Claimant filed a claim, in the administrative

22 forfeiture proceedings, with the Drug Enforcement Administration with respect to the
23 Approximately $35,000.00 in U.S. Currency (hereafter the "defendant currency"),
24 which was seized on September 2, 2011.
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2. The Drug Enforcement Administration has sent the written notice of intent

26 to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time
27 has expired for any person to file a claim to the defendant currency under 18 U.S.C. §
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Stipulation and Order to Extend Time

1 983(a)(2)(A)-(E), and no person other than Claimant have filed a claim to the defendant
2 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

4 complaint for forfeiture against the defendant currency and/or to obtain an indictment
5 alleging that the defendant currency is subject to forfeiture within ninety days after
6 a claim has been filed in the administrative forfeiture proceedings, unless the court
7 extends the deadline for good cause shown or by agreement of the parties. That
8 deadline was originally February 27, 2012.
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4. By Stipulation and Order filed February 28, 2012, the parties stipulated to

10 extend to April 12, 2012, the time in which the United States is required to file a civil
11 complaint for forfeiture against the defendant currency and/or to obtain an indictment
12 alleging that the defendant currency is subject to forfeiture.
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5. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

14 further extend to May 14, 2012, the time in which the United States is required to file
15 a civil complaint for forfeiture against the defendant currency and/or to obtain an
16 indictment alleging that the defendant currency is subject to forfeiture.
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6. Accordingly, the parties agree that the deadline by which the United States

18 shall be required to file a complaint for forfeiture against the defendant currency
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Stipulation and Order to Extend Time

1 and/or to obtain an indictment alleging that the defendant currency is subject to
2 forfeiture shall be extended to May 14, 2012.
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BENJAMIN B. WAGNER
United States Attorney

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DATE: 4/12/2012

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

DATE: 4/12/2012

/s/ Janet Sherman
JANET SHERMAN
Attorney for Claimant Edwin Movagharian

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(Authorized by email)
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IT IS SO ORDERED.

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15 Dated: April 12, 2012
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GARLAND E. BURRELL, JR.
United States District Judge

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Stipulation and Order to Extend Time