United States v. Approximately $106,918.00 in U.S. Currency et al

Filing 2

STIPULATION and ORDER 1 for extension of time signed by Chief Judge Morrison C. England, Jr. on 7/8/2015. Parties agree the deadline by which the United States is required to file a Complaint for Forfeiture against defendant currency and/or to obtain an Indictment alleging that defendant currency is subject to forfeiture is EXTENDED to 10/7/2015. (Marciel, M)

4

BENJAMIN B. WAGNER
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14
15

Plaintiff,
v.
APPROXIMATELY $106,918.00 IN U.S.
CURRENCY, and

16

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

APPROXIMATELY $59,240.00 IN U.S.
CURRENCY,

17

2:15-MC-00076-MCE-CKD

Defendants.

18
19

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

20 Advalyan (“claimant”), by and through their respective counsel, as follows:
21

1.

On or about April 10, 2015, claimant filed claims in the administrative forfeiture

22 proceeding with the U.S. Customs and Border Protection with respect to the Approximately $106,918.00
23 in U.S. Currency and Approximately $59,240.00 in U.S. Currency (hereafter “defendant currency”),
24 which was seized on or about January 26, 2015.
25

2.

The U.S. Customs and Border Protection has sent the written notice of intent to forfeit

26 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
27 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
28 than claimant has filed a claim to the defendant currency as required by law in the administrative
1
Stipulation and Order to Extend Time
29

1 forfeiture proceeding.
2

3.

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

3 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
4 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
5 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
6 parties. That deadline is July 9, 2015.
7

4.

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

8 October 7, 2015, the time in which the United States is required to file a civil complaint for forfeiture
9 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
10 subject to forfeiture.
11

5.

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

12 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
13 alleging that the defendant currency is subject to forfeiture shall be extended to October 7, 2015.
14 Dated: 7/2/15

BENJAMIN B. WAGNER
United States Attorney

15
16
17
18
19 Dated: 7/1/15

By:

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

20

/s/ Joseph A. Welch
JOSEPH A. WELCH
Attorney for claimant Khachatur Advalyan

21

(Authorized by email)

22

ORDER

23

IT IS SO ORDERED.
24 Dated: July 8, 2015
25
26
27
28
29

2

Stipulation and Order to Extend Time