United States of America v. Approximately $37,719.00 in U.S. Currency et al

Filing 20

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/5/2019 EXTENDING Time to 11/11/2019, for the United States to file a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture. (York, M)

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MCGREGOR W. SCOTT
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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2:17-MC-00152-KJM-EFB

Plaintiff,
v.
APPROXIMATELY $37,719.00 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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APPROXIMATELY $96,409.27 SEIZED
FROM CHASE BANK ACCOUNT
NUMBER 105589805, HELD IN THE
NAME OF MEDITERRANEAN
MARKET, and

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APPROXIMATELY $18,623.98 SEIZED
FROM GOLDEN ONE CREDIT UNION
ACCOUNT NUMBER 1290544, HELD IN
THE NAMES OF BASSAM ADEEB
ABUGHAZALEH AND SAHAR
ABUGHAZALEH,

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Defendants.

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

25 Bassam Adeeb Abughazaleh, Sahar Abughazaleh, and Kayed Bouri (“claimants”), by and through their
26 counsel, as follows:
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1.

On July 18, 2017, claimants filed a claims in the administrative forfeiture proceeding with

28 the U.S. Secret Service with respect to the Approximately $37,719.00 in U.S. Currency, Approximately
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Stipulation and Order to Extend Time

1 $96,409.27 seized from Chase Bank Account Number 105589805, held in the name of Mediterranean
2 Market, and Approximately $18,623.98 seized from Golden One Credit Union Account Number
3 1290544, held in the names of Bassam Adeeb Abughazaleh and Sahar Abughazaleh (hereafter “defendant
4 funds”), which were seized on or about April 27, 2017.
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2.

The U.S. Secret Service has sent the written notice of intent to forfeit required by 18

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

10 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are
11 subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
12 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties.
13 That deadline was October 16, 2017.
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4.

By Stipulation and Order filed October 19, 2017, the parties stipulated to extend to

15 November 15, 2017, the time in which the United States is required to file a civil complaint for forfeiture
16 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
17 forfeiture.
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5.

By Stipulation and Order filed November 14, 2017, the parties stipulated to extend to

19 December 15, 2017, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
21 forfeiture.
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6.

By Stipulation and Order filed December 15, 2017, the parties stipulated to extend to

23 February 13, 2018, the time in which the United States is required to file a civil complaint for forfeiture
24 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
25 forfeiture.
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7.

By Stipulation and Order filed March 26, 2018, the parties stipulated to extend to May 14,

27 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
28 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
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Stipulation and Order to Extend Time

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8.

By Stipulation and Order filed May 16, 2018, the parties stipulated to extend to August

2 13, 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
3 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
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9.

By Stipulation and Order filed August 8, 2018, the parties stipulated to extend to

5 November 12, 2018, the time in which the United States is required to file a civil complaint for forfeiture
6 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
7 forfeiture.
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10.

By Stipulation and Order filed November 7, 2018, the parties stipulated to extend to

9 February 11, 2019, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
11 forfeiture.
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By Stipulation and Order filed February 7, 2019, the parties stipulated to extend to May

13 13, 2019, the time in which the United States is required to file a civil complaint for forfeiture against the
14 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
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12.

By Stipulation and Order filed May 13, 2019, the parties stipulated to extend to August

16 12, 2019, the time in which the United States is required to file a civil complaint for forfeiture against the
17 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
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13.

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

19 November 11, 2019, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
21 forfeiture.
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13.

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

23 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
24 alleging that the defendant funds are subject to forfeiture shall be extended to November 11, 2019.
25 Dated:

7/31/2019

MCGREGOR W. SCOTT
United States Attorney

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

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Stipulation and Order to Extend Time

1 Dated:

7/31/2019

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/s/ David D. Fischer & Kelly Babineau
DAVID D. FISCHER
KELLY BABINEAU
Attorneys for potential claimants Bassam Adeeb
Abughazaleh, Sahar Abughazaleh, and Kayed Bouri
(As authorized by email)

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IT IS SO ORDERED.

6 DATED: August 5, 2019.
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UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Extend Time