United States of America v. Approximately $65,180.00 in U.S. Currency

Filing 6

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/23/2015 ORDERING the United States 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 by 4/23/2015. (Michel, G.)

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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 $65,180.00 IN U.S.
CURRENCY,

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2:14-MC-00153-TLN-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 claimant Paul Tuzzolino

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

On or about September 25, 2014, claimant filed a claim in the administrative forfeiture

20 proceeding with the Drug Enforcement Administration with respect to the Approximately $65,180.00 in
21 U.S. Currency (hereafter “defendant currency”), which was seized on or about June 10, 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 December 24, 2014.
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4.

By Stipulation and Order filed December 24, 2014, the parties stipulated to extend to

5 January 23, 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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5.

By Stipulation and Order filed January 27, 2015, the parties stipulated to extend to March

9 24, 2015, 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.

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

13 to April 23, 2015, 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.

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

17 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
18 alleging that the defendant currency is subject to forfeiture shall be extended to April 23, 2015.
19 Dated: 3/23/15

BENJAMIN B. WAGNER
United States Attorney

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

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Dated: 3/23/15
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/s/ Beorn Zepp
BEORN ZEPP
Attorney for claimant Paul Tuzzolino

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(Authorized by email)
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IT IS SO ORDERED.

27 Dated: March 23, 2015
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Troy L. Nunley
United States District Judge

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Stipulation and Order to Extend Time