United States of America v. Approximately $7,000.00 in U.S. Currency

Filing 6

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 2/22/2017 ORDERING the United States 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 by 3/22/2017. (Michel, G.)

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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: [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.

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APPROXIMATELY $7,000.00 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-00192-MCE-CKD

It is hereby stipulated by and between the United States of America and claimants Ellena

18 Jackson (“Jackson”) and Mike Pool (“Pool”), by and through their respective counsel, as follows:
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1.

On or about September 22, 2016, claimants Jackson and Pool filed claims in the

20 administrative forfeiture proceedings with the United States Postal Inspection Service with respect to
21 the Approximately $7,000.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on
22 July 7, 2016.
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2.

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

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

1 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
2 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
3 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
4 the parties. That deadline is December 21, 2016.
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4.

By Stipulation and Order filed January 6, 2017, the parties stipulated to extend to

6 January 20, 2017, the time in which the United States is required to file a civil complaint for forfeiture
7 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
8 subject to forfeiture.
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5.

By Stipulation and Order filed January 20, 2017, the parties stipulated to extend to

10 February 20, 2017, the time in which the United States is required to file a civil complaint for forfeiture
11 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
12 subject to forfeiture.
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6.

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

14 March 22, 2017, the time in which the United States is required to file a civil complaint for forfeiture
15 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
16 subject to forfeiture.
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7.

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

18 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
19 alleging that the defendant currency is subject to forfeiture shall be extended to March 22, 2017.
20 Dated:

2/16/2017

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PHILLIP A. TALBERT
United States Attorney
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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25 Dated:
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2/16/2017

/s/ Justin L. Ward
JUSTIN L. WARD
Attorney for claimants Ellena
Jackson and Mike Pool
(Authorized via email)

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Stipulation to Extend Time to File Complaint

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ORDER

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Pursuant to the stipulation of the parties, the deadline by which the United States shall be

3 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
4 alleging that the defendant currency is subject to forfeiture shall be extended to March 22, 2017.
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IT IS SO ORDERED.

6 Dated: February 22, 2017
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Stipulation to Extend Time to File Complaint