United States of America v. Approximately $27,999.00 in U.S. Currency
Filing
2
ORDER signed by District Judge Troy L. Nunley on 11/6/2017 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 shall be EXTENDED to 1/2/2018.(Reader, 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: (916) 554-2700
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-00165-TLN-DB
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE
APPROXIMATELY $27,999.00 IN U.S.
CURRENCY,
15
Defendant.
16
17
It is hereby stipulated by and between the United States of America and potential claimant
18 Abricka Smith (“claimant”), by and through their respective counsel, as follows:
19
1.
On or about August 7, 2017, claimant filed a claim in the administrative forfeiture
20 proceeding with the U.S. Postal Inspection Service with respect to the Approximately $27,999.00 in U.S.
21 Currency (hereafter “defendant currency”), which was seized on May 17, 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 is November 3, 2017.
3
4.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to
4 January 2, 2018, 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.
Accordingly, the parties agree that the deadline by which the United States shall be
8 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
9 alleging that the defendant currency is subject to forfeiture shall be extended to January 2, 2018.
10 Dated: 10/30/17
PHILLIP A. TALBERT
United States Attorney
11
By:
12
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
13
14
15 Dated: 10/30/17
16
/s/ Peter S. Herrick
PETER S. HERRICK
Attorney for potential claimant
Abricka Smith
17
(Signature authorized by email)
18
19
20
21
IT IS SO ORDERED.
22 Dated: November 6, 2017
23
24
Troy L. Nunley
United States District Judge
25
26
27
28
29
30
2
Stipulation and Order to Extend Time
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?