United States of America v. Approximately $63,176.00 in U.S. Currency

Filing 16

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/10/15: 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 August 11, 2015. (Kaminski, H)

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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

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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 $63,176.00 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-00087-MCE-EFB

It is hereby stipulated by and between the United States of America and potential claimant Lian

18 Chao Xiong (“claimant”), by and through his respective counsel, as follows:
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1.

On or about March 18, 2014, claimant filed a claim in the administrative forfeiture

20 proceeding with the Drug Enforcement Administration with respect to the Approximately $63,176.00 in
21 U.S. Currency (hereafter “defendant currency”), which were seized on or about January 15, 2014.
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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 other
25 than claimant has filed a claim to the defendant currency as required by law in the administrative
26 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 and Order to Extend Time
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1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
3 parties. That deadline was June 16, 2014.
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4.

By Stipulation and Order filed June 25, 2014, the parties stipulated to extend to August

5 15, 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 August 15, 2014, the parties stipulated to extend to October

9 14, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the
10 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 October 15, 2014, the parties stipulated to extend to

13 November 13, 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 November 19, 2014, the parties stipulated to extend to

17 January 12, 2015, the time in which the United States is required to file a civil complaint for forfeiture
18 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
19 subject to forfeiture.
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8.

By Stipulation and Order filed January 14, 2015, the parties stipulated to extend to March

21 13, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
22 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
23 forfeiture.
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9.

By Stipulation and Order filed March 11, 2015, the parties stipulated to extend to April

25 13, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
26 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
27 forfeiture.
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10.

By Stipulation and Order filed April 16, 2015, the parties stipulated to extend to June 12,
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Stipulation and Order to Extend Time

1 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
2 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
3 forfeiture.
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11.

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

5 to August 11, 2015, the time in which the United States is required to file a civil complaint for forfeiture
6 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
7 subject to forfeiture.
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12.

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

9 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
10 alleging that the defendant currency is subject to forfeiture shall be extended to August 11, 2015.
11 Dated: 6/8/15
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15 Dated: 6/8/15
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BENJAMIN B. WAGNER
United States Attorney
By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Suzan Yee
SUZAN YEE
Attorney for claimant
Lian Chao Xiong
(Authorized by email )

IT IS SO ORDERED.
19 Dated: June 10, 2015
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Stipulation and Order to Extend Time