United States of America v. Approximately $16,500.00 in U.S. Currency

Filing 18

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)

1

4

PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

2
3

6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

UNITED STATES OF AMERICA,

13

Plaintiff,

14

v.

2:16-MC-00163-KJM-KJN

15

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

16
Defendant.
17
18

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:
20

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.
24

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.
1

Stipulation to Extend Time to File Complaint

1

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.
6

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.
10

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.
14

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.
18

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.
22

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.
26

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
2

Stipulation to Extend Time to File Complaint

1 forfeiture.
2

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.
6

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.
10

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.
14

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

18
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

19
20
21 Dated:

8/28/2017

22
23

(Authorized via email)

24
25

/s/ Jacek W. Lentz
JACEK W. LENTZ
Attorney for Claimant
Michael Henderson

IT IS SO ORDERED.

26 Dated: September 11, 2017.
27

UNITED STATES DISTRICT JUDGE

28
3

Stipulation to Extend Time to File Complaint