United States of America v. Approximately $305,120.00 in U.S. Currency

Filing 14

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 4/12/2016 ORDERING the United States to file a complaint for forfeiture and/or to obtain an indictment alleging forfeiture by 6/10/2016. (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,
v.

2:15-MC-00023-KJM-CKD
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $305,120.00 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 claimant David P. Braut

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

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

21 proceeding with the Drug Enforcement Administration with respect to the Approximately $305,120.00 in
22 U.S. Currency (hereafter “defendant currency”), which was seized on or about July 7, 2014.
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2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

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

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3.

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 is subject to forfeiture within ninety days after a claim has been filed in the administrative
4 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
5 parties. That deadline was March 18, 2015.
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4.

By Stipulation and Order filed March 17, 2015, the parties stipulated to extend to May 18,

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

By Stipulation and Order filed May 14, 2015, the parties stipulated to extend to July 17,

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

By Stipulation and Order filed July 13, 2015, the parties stipulated to extend to October

15 15, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
17 forfeiture.
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7.

By Stipulation and Order filed September 28, 2015, the parties stipulated to extend to

19 December 14, 2015, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
21 subject to forfeiture.
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8.

By Stipulation and Order filed December 15, 2015, the parties stipulated to extend to

23 February 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture
24 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
25 subject to forfeiture.
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9.

By Stipulation and Order filed February 18, 2016, the parties stipulated to extend to April

27 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
28 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
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Stipulation and Order to Extend Time

1 forfeiture.
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10.

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

3 to June 10, 2016, the time in which the United States is required to file a civil complaint for forfeiture
4 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
5 subject to forfeiture.
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11.

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

7 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
8 alleging that the defendant currency is subject to forfeiture shall be extended to June 10, 2016.
9 Dated: 4/6/16

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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13 Dated: 4/6/16
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/s/ Stephen A. Munkelt
STEPHEN A. MUNKELT
Attorney for claimant David P. Braut

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(Authorized by phone)

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IT IS SO ORDERED.

18 Dated: April 12, 2016
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UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Extend Time