United States of America v. Approximately $41,500.00 in U.S. Currency
Filing
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ORDER signed by Chief Judge Morrison C. England, Jr. on 11/24/2014 ORDERING 11 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 12/20/2014. (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: (916) 554-2700
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.
2:14-MC-00060-MCE-DAD
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APPROXIMATELY $41,500.00 IN U.S.
CURRENCY,
STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE
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Defendant
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It is hereby stipulated by and between the United States of America and claimant Luis Rosario
18 (“claimant”), by and through their respective counsel, as follows:
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1.
On or about January 24, 2014, claimant Luis Rosario filed a claim, in the administrative
20 forfeiture proceedings, with the Drug Enforcement Administration with respect to the Approximately
21 $41,500.00 in U.S. Currency (hereafter “defendant currency”), which was seized on October 30, 2013.
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2.
The Drug Enforcement Administration has sent the written notice of intent to forfeit
23 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
25 other than the claimant has filed a claim to the defendant currency as required by law in the
26 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
28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
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Stipulation to Extend Time to File Complaint
1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
3 the parties. That deadline was April 24, 2014.
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4.
By Stipulation and Order filed April 29, 2014, the parties stipulated to extend to June 23,
5 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
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5.
By Stipulation and Order filed June 25, 2014, the parties stipulated to extend to August
9 22, 2014, the time in which the United States is required to file a civil complaint for forfeiture against
10 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
11 forfeiture.
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6.
By Stipulation and Order filed September 9, 2014, the parties stipulated to extend to
13 October 21, 2014, the time in which the United States is required to file a civil complaint for forfeiture
14 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
15 subject to forfeiture.
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7.
By Stipulation and Order filed October 29, 2014, the parties stipulated to extend to
17 November 20, 2014, the time in which the United States is required to file a civil complaint for
18 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
19 currency is subject to forfeiture.
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8.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further
21 extend to December 20, 2014, the time in which the United States is required to file a civil complaint
22 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
23 currency is subject to forfeiture.
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Stipulation to Extend Time to File Complaint
9.
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Accordingly, the parties agree that the deadline by which the United States shall be
2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
3 alleging that the defendant currency is subject to forfeiture shall be extended to December 20, 2014.
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5 Dated:
11/19/14
BENJAMIN B. WAGNER
United States Attorney
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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Dated:
11/19/14
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/s/ Edward E. Moukawsher
EDWARD E. MOUKAWSHER
Attorney for Claimant Luis Rosario
(Authorized via telephone)
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IT IS SO ORDERED.
Dated: November 24, 2014
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Stipulation to Extend Time to File Complaint
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