USA v. Approximately $5,000.00 in U.S. Currency, et al

Filing 2

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/23/14 ORDERING 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 4/16/14. (Becknal, R)

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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: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 15 2:14-MC-00008-LKK-KJN STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $5,000.00 IN U.S. CURRENCY, and 16 APPROXIMATELY $1,216.00 IN U.S. CURRENCY, 17 Defendants 18 19 It is hereby stipulated by and between the United States of America and claimants 20 Lee Vang and Chai Chang (“claimants”), in Pro Se, as follows: 21 1. On or about October 18, 2013, claimants Lee Vang and Chai Chang filed 22 claims, in the administrative forfeiture proceedings, with the Internal Revenue Service 23 with respect to the Approximately $5,000.00 in U.S. Currency and Approximately 24 $1,216.00 in U.S. Currency (hereafter “defendant currency”), which was seized on August 25 28, 2013. 26 2. The Internal Revenue Service has sent the written notice of intent to forfeit 27 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has 28 1 Stipulation to Extend Time to File Complaint 1 expired for any person to file a claim to the defendant currency under 18 U.S.C. § 2 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant 3 currency as required by law in the administrative forfeiture proceeding. 4 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a 5 complaint for forfeiture against the defendant currency and/or to obtain an indictment 6 alleging that the defendant currency is subject to forfeiture within ninety days after a 7 claim has been filed in the administrative forfeiture proceedings, unless the court extends 8 the deadline for good cause shown or by agreement of the parties. That deadline is 9 January 16, 2014. 10 4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement for an 11 extension to April 16, 2014, the time in which the United States is required to file a civil 12 complaint for forfeiture against the defendant currency and/or to obtain an indictment 13 alleging that the defendant currency is subject to forfeiture. 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Stipulation to Extend Time to File Complaint 5. 1 Accordingly, the parties agree that the deadline by which the United States 2 shall be required to file a complaint for forfeiture against the defendant currency and/or 3 to obtain an indictment alleging that the defendant currency is subject to forfeiture shall 4 be extended to April 16, 2014. 5 Dated: 1/14/14 BENJAMIN B. WAGNER United States Attorney 6 /s/ Jeffrey A. Spivak JEFFREY A. SPIVAK Assistant U.S. Attorney 7 8 9 Dated: 1/16/14 /s/ Lee Vang LEE VANG Claimant, in PRO SE 12 Dated: 1/16/14 13 /s/ Chai Chang CHAI CHANG Claimant, in PRO SE 14 (Signatures retained by attorney) 10 11 15 16 IT IS SO ORDERED. 17 Dated: January 23, 2014. 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation to Extend Time to File Complaint

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