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

Filing 6

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 8/11/2016 ORDERING that 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 10/14/2016.(Reader, L)

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.
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4.

By Stipulation and Order filed May 16, 2016, the parties stipulated to extend to July 15,

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

By Stipulation and Order filed July 13, 2016, the parties stipulated to extend to August

10 15, 2016, the time in which the United States is required to file a civil complaint for forfeiture against
11 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
12 forfeiture.
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6.

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

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

7.

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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 October 14, 2016.
4 Dated:

8/8/16

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:

8/8/16

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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.

13 Dated: August 11, 2016
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Troy L. Nunley
United States District Judge

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Stipulation to Extend Time to File Complaint