United States of America v. Approximately $30,020.00 in U.S. Currency et al

Filing 4

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 4/3/13 EXTENDING time for filing a complaint for forfeiture and/or to obtain an indictment alleging forfeiture. (Meuleman, A)

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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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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,

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Plaintiff,
v.

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APPROXIMATELY $30,020.00
IN U.S. CURRENCY, and

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A $20,000.00 CASHIER’S CHECK,

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Defendant.

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2:13-MC-00012-GEB-CKD
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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claimants Nicholas Jason Street, Nancy Sopeany Pheng Street, and SANSCO

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("claimants"), by and through their respective attorneys, as follows:

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1. In fall 2012, claimants filed a claim, in administrative forfeiture proceedings

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instituted by the Drug Enforcement Administration with respect to the approximately

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$30,020.00 in U.S. Currency and $20,000.00 Cashier's Check (hereafter the "defendant

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funds"), which were seized on or about June 13, 2012. There is a dispute as to the date

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on which Claimants filed their administrative claims and the date within which the

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United States was obliged to file its Complaint for Forfeiture. Claimants have filed a

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motion for return of property regarding these issues. See E.D. Cal. Case No.
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Stipulation and Order to Extend Time

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2:12-SW-00303-DAD Document 8, filed 12/19/12. That matter is pending before this

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Court.

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2. The Drug Enforcement Administration has sent the written notice of intent to

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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 funds under 18 U.S.C. §

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983(a)(2)(A)-(E), and no person other than claimants has filed a claim to the defendant

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funds 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
complaint for forfeiture against the defendant funds and/or to obtain an indictment

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alleging that the defendant funds are subject to forfeiture within 90 days after a claim

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has been filed in the administrative forfeiture proceedings, unless the court extends the

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deadline for good cause shown or by agreement of the parties. That deadline was

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February 15, 2013.

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4. The parties agreed that, by stipulating to the extension of time to April 9,

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2013 for the United States to file their complaint for forfeiture based on the

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government's computation of the deadline of February 15, 2013, Claimants did not

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waive any of the rights they have asserted in their motion for return of property

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including the dates in which the parties were obliged to perform any act related to this

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matter.

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5. By Stipulation and Order filed February 12, 2013, the parties stipulated to

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extend to April 9, 2013, the time in which the United States is required to file a civil

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complaint for forfeiture against the defendant funds and/or to obtain an indictment

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alleging that the defendant funds are 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

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further extend to June 10, 2013, the time in which the United States is required to file

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a civil complaint for forfeiture against the defendant funds and/or to obtain an

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indictment alleging that the defendant funds are subject to forfeiture.

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2

Stipulation and Order to Extend Time

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7. Accordingly, and subject to the above, the parties agree that the deadline by

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which the United States shall be required to file a complaint for forfeiture against the

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defendant funds and/or to obtain an indictment alleging that the defendant funds are

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subject to forfeiture shall be extended to June 10, 2013.

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Dated: 4/2/13

BENJAMIN B. WAGNER
United States Attorney

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

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Dated: 3/30/13

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/s/ David M. Michael
DAVID M. MICHAEL
Attorney for Claimants Nicholas Jason Street,
Nancy Sopeany Pheng Street and SANSCO
(Authorized by email)

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IT IS SO ORDERED.
Dated: April 3, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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Stipulation and Order to Extend Time