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)

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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: (916) 554-2700 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

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