United States of America v. Approximately $9,960.00 in U.S. Currency

Filing 4

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/28/17 EXTENDING time for filing a complaint for forfeiture and/or to obtain an indictment alleging forfeiture to 1/29/2018. (Mena-Sanchez, L)

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

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12
13
14

Plaintiff,
v.

2:17-MC-00163-WBS-KJN
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

APPROXIMATELY $9,960.00 IN U.S.
CURRENCY,

15
Defendant.
16
17

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

18 Brookelyn Nigro (“claimant”), by and through their respective counsel, as follows:
19

1.

On or about August 2, 2017, claimant filed a claim in the administrative forfeiture

20 proceeding with the U.S. Postal Inspection Service with respect to the Approximately $9,960.00 in U.S.
21 Currency (hereafter “defendant currency”), which was seized on May 16, 2017.
22

2.

The U.S. Postal Inspection Service has sent the written notice of intent to forfeit required

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

3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

27 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
28 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
1
Stipulation and Order to Extend Time
29
30

1 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
2 parties. That deadline was October 31, 2017.
3

4.

By Stipulation and Order filed October 31, 2017, the parties stipulated to extend to

4 December 29, 2017, the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
6 subject to forfeiture.
7

5.

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

8 to January 29, 2018, the time in which the United States is required to file a civil complaint for forfeiture
9 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
10 subject to forfeiture.
11

6.

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

12 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
13 alleging that the defendant currency is subject to forfeiture shall be extended to January 29, 2018.
14 Dated: 12/27/17

PHILLIP A. TALBERT
United States Attorney

15
By:
16

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

17
18
19 Dated: 12/27/17
20

/s/ Jennifer Granger
JENNIFER GRANGER
Attorney for potential claimant
Brookelyn Nigro

21
(Signature authorized by email)
22
23
24
25

IT IS SO ORDERED.
Dated: December 28, 2017

26
27
28
29
30

2

Stipulation and Order to Extend Time