United States of America v. Approximately $16,500.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/11/17 The parties agree 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 10/5/2017.(Mena-Sanchez, L)
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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
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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,
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v.
2:16-MC-00163-KJM-KJN
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APPROXIMATELY $16,500.00 IN U.S.
CURRENCY,
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE
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Defendant.
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It is hereby stipulated by and between the United States of America and claimant Michael
19 Henderson (“claimant” or “Henderson”), by and through their respective counsel, as follows:
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1.
On or about July 8, 2016, claimant Henderson filed a claim in the administrative
21 forfeiture proceedings with the United States Postal Inspection Service with respect to the
22 Approximately $16,500.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on
23 April 6, 2016.
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2.
The United States Postal Inspection Service has sent the written notice of intent to forfeit
25 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
26 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
27 other than the claimant has filed a claim to the defendant currency as required by law in the
28 administrative forfeiture proceeding.
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Stipulation to Extend Time to File Complaint
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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 proceedings, unless the court extends the deadline for good cause shown or by agreement of
5 the parties. That deadline was October 6, 2016.
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4.
By Stipulation and Order filed October 13, 2016, the parties stipulated to extend to
7 November 7, 2016, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
9 subject to forfeiture.
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5.
By Stipulation and Order filed November 9, 2016, the parties stipulated to extend to
11 December 7, 2016, the time in which the United States is required to file a civil complaint for forfeiture
12 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
13 subject to forfeiture.
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6.
By Stipulation and Order filed December 7, 2016, the parties stipulated to extend to
15 January 6, 2017, the time in which the United States is required to file a civil complaint for forfeiture
16 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
17 subject to forfeiture.
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7.
By Stipulation and Order filed January 5, 2017, the parties stipulated to extend to
19 February 6, 2017, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
21 subject to forfeiture.
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8.
By Stipulation and Order filed February 8, 2017, the parties stipulated to extend to April
23 6, 2017, the time in which the United States is required to file a civil complaint for forfeiture against
24 the 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 April 6, 2017, the parties stipulated to extend to June 5,
27 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
28 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
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Stipulation to Extend Time to File Complaint
1 forfeiture.
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10.
By Stipulation and Order filed June 7, 2017, the parties stipulated to extend to August 4,
3 2017, the time in which the United States is required to file a civil complaint for forfeiture against the
4 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
5 forfeiture.
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11.
By Stipulation and Order filed August 1, 2017, the parties stipulated to extend to
7 September 5, 2017, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
9 subject to forfeiture.
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12.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to
11 October 5, 2017, the time in which the United States is required to file a civil complaint for forfeiture
12 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
13 subject to forfeiture.
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13.
Accordingly, the parties agree that the deadline by which the United States shall be
15 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
16 alleging that the defendant currency is subject to forfeiture shall be extended to October 5, 2017.
17 Dated:
8/29/2017
PHILLIP A. TALBERT
United States Attorney
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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21 Dated:
8/28/2017
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(Authorized via email)
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/s/ Jacek W. Lentz
JACEK W. LENTZ
Attorney for Claimant
Michael Henderson
IT IS SO ORDERED.
26 Dated: September 11, 2017.
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UNITED STATES DISTRICT JUDGE
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Stipulation to Extend Time to File Complaint
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