United States of America v. Approximately $22,769.00 in U.S. Currency

Filing 14

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 8/10/2016 ORDERING the United States to file a complaint for forfeiture and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture by 11/8/2016. (Michel, G.)

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PHILLIP A. TALBERT
Acting 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.
APPROXIMATELY $22,769.00 IN U.S.
CURRENCY,

2:15-MC-00111-MCE-CKD
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 potential claimant Huey

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

On or about July 20, 2015, claimant filed a claim in the administrative forfeiture

21 proceeding with the Drug Enforcement Administration with respect to the Approximately $22,769.00 in
22 U.S. Currency (hereafter “defendant currency”), which was seized on or about April 15, 2015.
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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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3.

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

1 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
2 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
3 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
4 parties. That deadline was October 16, 2015.
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4.

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

6 December 15, 2015, the time in which the United States is required to file a civil complaint for forfeiture
7 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
8 subject to forfeiture.
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5.

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

10 February 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture
11 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
12 subject to forfeiture.
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6.

By Stipulation and Order filed February 16, 2016, the parties stipulated to extend to April

14 12, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
15 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
16 forfeiture.
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7.

By Stipulation and Order filed April 13, 2016, the parties stipulated to extend to May 12,

18 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
19 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
20 forfeiture.
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8.

By Stipulation and Order filed May 16, 2016, the parties stipulated to extend to August

22 10, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
23 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
24 forfeiture.
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9.

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

26 to November 8, 2016, the time in which the United States is required to file a civil complaint for
27 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
28 currency is subject to forfeiture.
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2

Stipulation and Order to Extend Time

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10.

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

2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
3 alleging that the defendant currency is subject to forfeiture shall be extended to November 8, 2016.
4 Dated: 8/5/16

PHILLIP A. TALBERT
Acting 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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9 Dated: 8/4/16
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/s/ Victor S. Haltom
VICTOR S. HALTOM
Attorney for claimant Huey Kiet Nguyen

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(Authorized by email)

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IT IS SO ORDERED.

14 Dated: August 10, 2016
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Stipulation and Order to Extend Time