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

Filing 18

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 1/18/17: The deadline by which the United States shall be required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture shall be extended to February 8, 2017. (Kaminski, H)

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4 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 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 $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. 16 17 18 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: 20 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. 23 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. 28 29 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 1 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. 5 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. 9 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. 13 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. 17 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. 21 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. 25 9. By Stipulation and Order filed August 11, 2016, the parties stipulated to extend to 26 November 8, 2016, the time in which the United States is required to file a civil complaint for forfeiture 27 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 28 subject to forfeiture. 29 2 Stipulation and Order to Extend Time 1 10. By Stipulation and Order filed November 14, 2016, the parties stipulated to extend to 2 January 9, 2017, the time in which the United States is required to file a civil complaint for forfeiture 3 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 4 subject to forfeiture. 5 11. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 6 to February 8, 2017, 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. 9 12. Accordingly, the parties agree that the deadline by which the United States shall be 10 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 11 alleging that the defendant currency is subject to forfeiture shall be extended to February 8, 2017. 12 Dated: 1/6/17 PHILLIP A. TALBERT United States Attorney 13 14 By: 15 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 16 17 Dated: 1/5/17 18 /s/ Victor S. Haltom VICTOR S. HALTOM Attorney for claimant Huey Kiet Nguyen 19 (Authorized by email) 20 21 IT IS SO ORDERED. 22 Dated: January 18, 2017 23 24 25 26 27 28 29 3 Stipulation and Order to Extend Time

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