United States of America v. Approximately $104,300.00 in U.S. Currency

Filing 4

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 07/13/16 ORDERING that the deadline for the United States to file a complaint or obtain an indictment is EXTENDED to 08/15/16. (Benson, A)

1 PHILLIP A. TALBERT
Acting U.S. Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 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,

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2:16-MC-00097-TLN-AC

v.

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

APPROXIMATELY $104,300.00 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 claimant Derrick Tavon

18 Faulcon (“claimant” or “Faulcon”), by and through their respective counsel, as follows:
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1.

On or about February 17, 2016, claimant Faulcon filed a claim in the administrative

20 forfeiture proceedings with the Drug Enforcement Administration with respect to the Approximately
21 $104,300.00 in U.S. Currency (hereafter “defendant currency”), which was seized on November 9,
22 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
26 other than the claimant has filed a claim to the defendant currency as required by law in the
27 administrative 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 to Extend Time to File Complaint

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 proceedings, unless the court extends the deadline for good cause shown or by agreement of
4 the parties. That deadline is May 17, 2016.
4.

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

6 15, 2016, the time in which the United States is required to file a civil complaint for forfeiture against
7 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
8 forfeiture.
5.

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

10 July 15, 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.
6.

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

14 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
15 alleging that the defendant currency is subject to forfeiture shall be extended to August 15, 2016.
16 Dated:

7/12/16

PHILLIP A. TALBERT
Acting United States Attorney

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

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Dated:

7/12/16

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/s Dwight M. Samuel
DWIGHT M. SAMUEL
Attorney for Claimant Derrick Tavon Faulcon
(As authorized via email)

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IT IS SO ORDERED.

25 Dated: July 13, 2016
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Troy L. Nunley
United States District Judge

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Stipulation to Extend Time to File Complaint