United States of America v. Approximately $147,260.00 in U.S. Currency

Filing 4

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 12/16/2014 ORDERING 3 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 1/19/2015. (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: [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,
v.
APPROXIMATELY $147,260.00 IN U.S.
CURRENCY,

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2:14-MC-00133-MCE-EFB
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

Defendant.

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

18 James Pozo, by and through their respective attorneys, as follows:
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1.

On or about August 20, 2014, claimant James Pozo filed a claim, in the administrative

20 forfeiture proceedings, with the Drug Enforcement Administration (“DEA”) with respect to the
21 Approximately $147,260.00 in U.S. Currency (hereafter “defendant currency”), which was seized on
22 May 6, 2014 and adopted by DEA on June 24, 2014.
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2.

The DEA has sent the written notice of intent to forfeit required by 18 U.S.C. §

24 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the
25 defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant has
26 filed a claim to the 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 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
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Time

1 currency are 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 is November 18, 2014.
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4.

By Stipulation and Order filed November 7, 2014, the parties stipulated to extend to

5 December 18, 2014, the time in which the United States is required to file a civil complaint for
6 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
7 currency is subject to forfeiture.
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5.

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

9 January 19, 2015, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
11 subject to forfeiture.
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6.

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 January 19, 2015.
15 Dated:

12/11/2014

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BENJAMIN B. WAGNER
United States Attorney
By:

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

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19 Dated:

12/11/2014

/s/ Jacek W. Lentz
JACEK W. LENTZ
Attorney for potential claimant James Pozo
(Authorized via phone)

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IT IS SO ORDERED.

23 Dated: December 16, 2014
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Stipulation and Order to Extend
Time