United States of America v. Approximately $41,500.00 in U.S. Currency

Filing 6

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 9/3/14 re: 5 Stipulation EXTENDING time for filing a complaint for forfeiture and/or to obtain an indictment alleging forfeiture. Filing Deadline: 8/22/2014. (Meuleman, A)

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

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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.

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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

Defendant

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2:14-MC-00060-MCE-DAD

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
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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.
4.

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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.
5.

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As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further

9 extend to August 22, 2014, the time in which the United States is required to file a civil complaint for
10 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
11 currency is subject to forfeiture.
6.

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Accordingly, the parties agree that the deadline by which the United States shall be

13 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
14 alleging that the defendant currency is subject to forfeiture shall be extended to August 22, 2014.
15 Dated:

6/11/14

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

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Dated:

6/11/14

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BENJAMIN B. WAGNER
United States Attorney

/s/ Edward E. Moukawsher
EDWARD E. MOUKAWSHER
Attorney for Claimant Luis Rosario
Authorized via phone

IT IS SO ORDERED.
Dated: September 3, 2014

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Stipulation to Extend Time to File Complaint