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

Filing 6

STIPULATION and ORDER 5 for extension of time signed by Chief Judge Morrison C. England, Jr. on 1/14/2015. Parties agree the deadline to file a Complaint for Forfeiture against defendant currency and/or to obtain an Indictment alleging defendant currency is subject to Forfeiture shall be EXTENDED to 2/19/2015. (Marciel, M)

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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2:14-MC-00133-MCE-EFB

Plaintiff,

STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

v.
APPROXIMATELY $147,260.00 IN U.S.
CURRENCY,

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Defendant.

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

19 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

21 administrative forfeiture proceedings, with the Drug Enforcement Administration (“DEA”) with
22 respect to the Approximately $147,260.00 in U.S. Currency (hereafter “defendant currency”), which
23 was seized on 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. §

25 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to
26 the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant
27 has filed a claim to the defendant currency as required by law in the administrative forfeiture
28 proceeding.
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Stipulation and Order to Extend
Time

3.

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Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

2 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
3 currency are subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement
5 of the parties. That deadline is November 18, 2014.
4.

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

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

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By Stipulation and Order filed December 16, 2014, the parties stipulated to extend to

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

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

15 February 19, 2015, the time in which the United States is required to file a civil complaint for
16 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
17 currency is subject to forfeiture.
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Stipulation and Order to Extend
Time

7.

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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
3 indictment alleging that the defendant currency is subject to forfeiture shall be extended to February
4 19, 2015.
5 Dated:

1/13/2015

BENJAMIN B. WAGNER
United States Attorney

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By:

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

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Dated:

1/9/2015

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

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IT IS SO ORDERED.

13 Dated: January 14, 2015
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Stipulation and Order to Extend
Time