United States of America v. Approximately $4,400.00 in U.S. Currency

Filing 2

STIPULATION and ORDER 1 for extension of time to file Complaint signed by Judge Lawrence K. Karlton on 12/14/2012. Accordingly, parties agree the deadline for the United States to file the Complaint for Forfeiture against defendant currency and/or to obtain an Indictment alleging that defendant currency is subject to forfeiture is EXTENDED to 12/20/2012. (Marciel, M)

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 FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,
v.
APPROXIMATELY $4,400.00 IN
U.S. CURRENCY,

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Defendant.

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2:12-MC-00095-LKK-EFB
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

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

19 claimant Barbara Antonucci ("claimant"), by and through their respective attorneys, as
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1. On or about August 22, 2012, claimant Barbara Antonucci filed a claim, in

22 the administrative forfeiture proceedings, with the Internal Revenue Service 23 Criminal Investigation with respect to the Approximately $4,400.00 in U.S. Currency
24 (hereafter the "defendant currency"), which was seized on or about June 27, 2012.
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2. The Internal Revenue Service - Criminal Investigation has sent the written

26 notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested
27 parties. The time has expired for any person to file a claim to the defendant currency
28 under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim
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Stipulation and Order to Extend Time

1 to the defendant currency as required by law in the administrative forfeiture
2 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 90 days after a
6 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 is currently November 20, 2012.
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4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to

10 extend to December 20, 2012, the time in which the United States is required to file a
11 civil complaint for forfeiture against the defendant currency and/or to obtain an
12 indictment 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

14 shall be required to file a complaint for forfeiture against the defendant currency
15 and/or to obtain an indictment alleging that the defendant currency is subject to
16 forfeiture shall be extended to December 20, 2012.
17 Dated: 11/19/12
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BENJAMIN B. WAGNER
United States Attorney
By: /s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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22 Dated: 11/19/12
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/s/ John R. Duree, Jr.
JOHN R. DUREE, JR.
Attorney for claimant Barbara Antonucci
(Authorized by phone)

IT IS SO ORDERED.

26 Dated: December 14, 2012.
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Stipulation and Order to Extend Time