United States of America v. Approximately $180,340.00 in U.S. Currency et al

Filing 7

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/21/15. The time to file a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture is EXTENDED to 11/2/15. (Manzer, C)

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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2:15-MC-00012-WBS-AC
STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN
INDICTMENT ALLEGING
FORFEITURE

APPROXIMATELY $180,340.00 IN U.S.
CURRENCY,
APPROXIMATELY $9,900.00 IN U.S.
CURRENCY, and
APPROXIMATELY $22,792.04 SEIZED
FROM EL DORADO SAVINGS BANK
ACCOUNT NUMBER 13058966
Defendants.

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

22 Debbie Kay Cherms (“claimant”), by and through their respective counsel, as follows:
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1.

On or about December 4, 2014, claimant Debbie Kay Cherms filed claims, in

24 the administrative forfeiture proceedings, with the Drug Enforcement Administration
25 with respect to the Approximately $180,340.00 in U.S. Currency, Approximately
26 $9,900.00 in U.S. Currency, and Approximately $22,792.04 seized from El Dorado
27 Savings Bank Account Number 13058966 (collectively “defendant assets”), which were
28 seized on June 11, 2014.
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Stipulation to Extend Time to File Complaint

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2.

The Drug Enforcement Administration has sent the written notice of intent

2 to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time
3 has expired for any person to file a claim to the defendant currency under 18 U.S.C. §
4 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant
5 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

7 complaint for forfeiture against the defendant currency and/or to obtain an indictment
8 alleging that the defendant currency is subject to forfeiture within ninety days after a
9 claim has been filed in the administrative forfeiture proceedings, unless the court extends
10 the deadline for good cause shown or by agreement of the parties. That deadline was
11 March 4, 2015.
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4.

By Stipulation and Order filed February 25, 2015, the parties stipulated to

13 extend to May 4, 2015, the time in which the United States is required to file a civil
14 complaint for forfeiture against the defendant currency and/or to obtain an indictment
15 alleging that the defendant currency is subject to forfeiture.
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5.

By Stipulation and Order filed May 4, 2015, the parties stipulated to extend

17 to August 3, 2015, the time in which the United States is required to file a civil complaint
18 for forfeiture against the defendant currency and/or to obtain an indictment alleging that
19 the defendant currency is subject to forfeiture.
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6.

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

21 further extend to November 2, 2015, the time in which the United States is required to
22 file a civil complaint for forfeiture against the defendant currency and/or to obtain an
23 indictment alleging that the defendant currency is subject to forfeiture.
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Stipulation to Extend Time to File Complaint

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7.

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

2 shall be required to file a complaint for forfeiture against the defendant currency and/or
3 to obtain an indictment alleging that the defendant currency is subject to forfeiture shall
4 be extended to November 2, 2015.
5 Dated:

7/21/15

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

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9 Dated:

7/21/15

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/s/ Donald H. Heller
DONALD H. HELLER
Attorney for Claimant
Debbie Kay Cherms
Authorized by email

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BENJAMIN B. WAGNER
United States Attorney

IT IS SO ORDERED.
Dated: July 21, 2015

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Stipulation to Extend Time to File Complaint