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

Filing 4

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/8/2016 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 is EXTENDED to 12/7/2016. (Zignago, K.)

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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,

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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
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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

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forfeiture proceedings with the United States Postal Inspection Service with respect to the
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Approximately $16,500.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on
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April 6, 2016.
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2.

The United States Postal Inspection Service has sent the written notice of intent to forfeit

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

Stipulation & Proposed Order 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.

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

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 December 7, 2016.
17 Dated:

11/7/2016

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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22 Dated:

11/3/2016

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/s/ Jacek W. Lentz
JACEK W. LENTZ
Attorney for Claimant
Michael Henderson
(Authorized via email)

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IT IS SO ORDERED.

27 Dated: November 8, 2016
UNITED STATES DISTRICT JUDGE

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2

Stipulation & Proposed Order to Extend Time to File Complaint