United States of America v. Approximately $19,880.00 in U.S. Currency

Filing 3

STIPULATION and ORDER 1 for extension of time signed by Chief Judge Morrison C. England, Jr. on 6/5/2013. Parties agree that deadline by which United States shall be required to file a Complaint for Forfeiture shall be EXTENDED to 8/6/2013. (Marciel, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
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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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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v.
APPROXIMATELY $19,880.00 IN U.S.
CURRENCY,
Defendant.

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2:13-MC-00055-MCE-EFB

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

20 claimant Fred Fry (“claimant”), by and through their respective counsel, as follows:
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1.

On or about March 11, 2013, claimant Fred Fry filed a claim in the

22 administrative forfeiture proceeding with the Drug Enforcement Administration with
23 respect to the Approximately $19,880.00 in U.S. Currency (hereafter “defendant
24 currency”), which was seized on January 16, 2013.
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2.

The Drug Enforcement Administration has sent the written notice of

26 intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties.
27 The time has expired for any person to file a claim to the defendant currency under 18
28 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim to the
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Stipulation and Order to Extend Time
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1 defendant 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 a
5 claim has been filed in the administrative forfeiture proceeding, unless the court
6 extends the deadline for good cause shown or by agreement of the parties. That
7 deadline is June 7, 2013.
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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 August 6, 2013, 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

13 States shall be required to file a complaint for forfeiture against the defendant
14 currency and/or to obtain an indictment alleging that the defendant currency is subject
15 to forfeiture shall be extended to August 6, 2013.
16 Dated: 6/3/2013
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BENJAMIN B. WAGNER
United States Attorney
By:

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant U.S Attorney

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20 Dated: 6/3/2013

/s/ Richard J. Troberman
RICHARD J. TROBERMAN
Attorney for Claimant
Fred Fry

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(Signature approved by email)
IT IS SO ORDERED.
DATED: June 5, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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Stipulation and Order to Extend Time