United States of America v. Approximately $89,980.00 in U.S. Currency

Filing 2

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 09/29/16 ORDERING that the deadline by which the U.S. 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 10/27/16. (Benson, A)

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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 $89,980.00 IN U.S.
CURRENCY,

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

Defendant.

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2:16-MC-00157-MCE-EFB

It is hereby stipulated by and between the United States of America and potential claimant

18 Nicholas Kenneth Maddaloni (“claimant”), by and through their respective counsel, as follows:
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1.

On or about June 29, 2016, claimant filed a claim in the administrative forfeiture

20 proceeding with the Drug Enforcement Administration with respect to the Approximately $89,980.00 in
21 U.S. Currency (hereafter “defendant currency”), which was seized on or about April 21, 2016.
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2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

23 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
25 than claimant has filed a claim to the defendant currency as required by law in the administrative
26 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

28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
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Stipulation and Order to Extend Time
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1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
3 parties. That deadline is September 27, 2016.
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4.

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

5 October 27, 2016, the time in which the United States is required to file a civil complaint for forfeiture
6 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
7 subject to forfeiture.
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5.

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

9 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
10 alleging that the defendant currency is subject to forfeiture shall be extended to October 27, 2016.
11 Dated: 9/26/16
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PHILLIP A. TALBERT
Acting United States Attorney
By:

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

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16 Dated: 9/26/16
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/s/ Christopher J. Cassar
CHRISTOPHER J. CASSAR
Attorney for claimant Nicholas Kenneth Maddaloni

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(Authorized by phone)

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IT IS SO ORDERED.

22 Dated: September 29, 2016
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Stipulation and Order to Extend Time