United States of America v. Approximately $84,359.00 in U.S. Currency et al
Filing
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/5/17: The deadline by which United States shall be required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to forfeiture shall be extended to January 9, 2018. (Kaminski, H)
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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
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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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2:15-mc-00036-MCE-DB
Plaintiff,
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE
v.
APPROXIMATELY $84,359.00 IN U.S.
CURRENCY,
2013 CHEVROLET CAMARO SS, LICENSE
NUMBER 7GXH521, VIN: 2G1FK3DJ7D9224539,
2009 HARLEY DAVIDSON, LICENSE NUMBER
21P6911, VIN: 1HD1GY4319K311293,
2007 CHEVROLET AVALANCHE CREW CAB
1500, LICENSE NUMBER 10031T1, VIN:
3GNEC12017G225993, AND
2004 CADILLAC XLR, LICENSE NUMBER
7GXH653, VIN: 1G6YV34A345601665,
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Defendants.
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It is hereby stipulated by and between the United States of America and potential claimant David
25 Allen Smith (“claimant”), by and through their respective counsel, as follows:
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1.
On or about February 17, 2015, the Citrus Heights Police Department seized the above-
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Stipulation and Order to Extend Time
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1 referenced defendant properties as part of a joint investigation with the Bureau of Alcohol, Tobacco,
2 Firearms and Explosives.
2.
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Under 18 U.S.C. §§ 983(a)(1)(A)(iv) and 983 (a)(3)(A), the United States is required to
4 send notice to potential claimants, file a complaint for forfeiture against the defendant properties, and/or
5 obtain an indictment alleging that the defendant properties are subject to forfeiture within ninety days of
6 seizure by the State or local law enforcement agency, unless the court extends the deadline for good
7 cause shown or by agreement of the parties. That deadline was May 18, 2015.
3.
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By Stipulation and Order filed April 29, 2015, the parties stipulated to extend to July 17,
9 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
10 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
11 forfeiture.
4.
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By Stipulation and Order filed July 29, 2015, the parties stipulated to extend to October
13 15, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the
14 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
15 forfeiture.
5.
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By Stipulation and Order filed October 21, 2015, the parties stipulated to extend to
17 December 14, 2015, the time in which the United States is required to file a civil complaint for forfeiture
18 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
19 subject to forfeiture.
6.
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By Stipulation and Order filed December 23, 2015, the parties stipulated to extend to
21 March 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture
22 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
23 subject to forfeiture.
7.
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By Stipulation and Order filed March 16, 2016, the parties stipulated to extend to June 13,
25 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
26 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
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The United States learned that a total of $83,221.35 was seized from David Smith, rather than the $84,359.00 identified in
the caption. In addition, the United States decided not to file against the 2013 Chevrolet Camaro SS, 2009 Harley Davidson,
and 2004 Cadillac XLR identified in the caption.
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Stipulation and Order to Extend Time
1 forfeiture.
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8.
By Stipulation and Order filed June 14, 2016, the parties stipulated to extend to September
3 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
4 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
5 forfeiture.
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9.
By Stipulation and Order filed September 14, 2016, the parties stipulated to extend to
7 November 14, 2016, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
9 subject to forfeiture.
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10.
By Stipulation and Order filed November 14, 2016, the parties stipulated to extend to
11 February 13, 2017, the time in which the United States is required to file a civil complaint for forfeiture
12 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
13 subject to forfeiture.
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11.
By Stipulation and Order filed February 7, 2017, the parties stipulated to extend to April
15 14, 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
17 forfeiture.
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12.
By Stipulation and Order filed April 19, 2017, the parties stipulated to extend to July 13,
19 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
20 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
21 forfeiture.
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13.
By Stipulation and Order filed July 14, 2017, the parties stipulated to extend to October
23 11, 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
24 defendant properties and/or to obtain an indictment alleging that the defendant properties are subject to
25 forfeiture.
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14.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend
27 to January 9, 2018, the time in which the United States is required to file a civil complaint for forfeiture
28 against the defendant properties and/or to obtain an indictment alleging that the defendant properties are
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Stipulation and Order to Extend Time
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1 subject to forfeiture.
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15.
Accordingly, the parties agree that the deadline by which the United States shall be
3 required to file a complaint for forfeiture against the defendant properties and/or to obtain an indictment
4 alleging that the defendant properties are subject to forfeiture shall be extended to January 9, 2018.
5 Dated: 10/2/17
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PHILLIP A. TALBERT
United States Attorney
By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Noa E. Oren
NOA E. OREN
Attorney for potential claimant
David Allen Smith
(Authorized by email)
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IT IS SO ORDERED.
14 Dated: October 5, 2017
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Stipulation and Order to Extend Time
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