United States of America v. Approximately $74,200.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/21/16 ORDERING 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 is EXTENDED to 2/22/17. (Washington, S)
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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: (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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Plaintiff,
v.
2:16-MC-00058-WBS-AC
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE
APPROXIMATELY $74,200.00 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 potential claimant Eric
19 Rogers (“claimant”), by and through their respective counsel, as follows:
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1.
On or about December 29, 2015, claimant filed a claim in the administrative forfeiture
21 proceeding with the Drug Enforcement Administration with respect to the Approximately $74,200.00 in
22 U.S. Currency (hereafter “defendant currency”), which was seized on or about September 3, 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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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 28, 2016.
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4.
By Stipulation and Order filed March 24, 2016, the parties stipulated to extend to April
7 27, 2016, 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 April 29, 2016, the parties stipulated to extend to May 27,
11 2016, 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 May 25, 2016, the parties stipulated to extend to June 27,
15 2016, 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 June 24, 2016, the parties stipulated to extend to July 27,
19 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
20 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
21 forfeiture.
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8.
By Stipulation and Order filed July 27, 2016, the parties stipulated to extend to August 26,
23 2016, the time in which the United States is required to file a civil complaint for forfeiture against the
24 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
25 forfeiture.
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9.
By Stipulation and Order filed August 26, 2016, the parties stipulated to extend to
27 November 23, 2016, the time in which the United States is required to file a civil complaint for forfeiture
28 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
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Stipulation and Order to Extend Time
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1 subject to 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 February 22, 2017, the time in which the United States is required to file a civil complaint for
4 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
5 currency is 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 February 22, 2017.
9 Dated: 11/21/16
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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/s/ Joseph Shemaria
JOSEPH SHEMARIA
Attorney for potential claimant
Eric Rogers
(Authorized by email)
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IT IS SO ORDERED.
19 Dated: November 21, 2016
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Stipulation and Order to Extend Time
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