United States of America v. Approximately $10,270.00 in U.S. Currency

Filing 6

ORDER signed by District Judge Morrison C. England, Jr on 1/11/2018 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 2/15/2018. (Washington, S)

Download PDF
1 MCGREGOR W. SCOTT United States Attorney 2 KEVIN C. KHASIGIAN Assistant U. S. Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 5 Attorneys for the United States 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 APPROXIMATELY $10,270.00 IN U.S. CURRENCY, 15 Defendant. 16 17 2:17-MC-00174-MCE-AC STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE It is hereby stipulated by and between the United States of America and potential claimant 18 William “Bill” Byron (“Byron”), by and through their respective counsel, as follows: 19 1. On or about August 16, 2017, claimant Byron filed a claim in the administrative 20 forfeiture proceedings with the United States Postal Inspection Service with respect to the 21 Approximately $10,270.00 in U.S. Currency. (hereafter “defendant currency”), which was seized on 22 May 23, 2017. 23 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. 28 29 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 1 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 was November 14, 2017. 5 4. By Stipulation and Order filed November 28, 2017, the parties stipulated to extend to 6 December 14, 2017, the time in which the United States is required to file a civil complaint for 7 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 8 currency is subject to forfeiture. 9 5. By Stipulation and Order filed December 13, 2017, the parties stipulated to extend to 10 January 15, 2018, 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. 13 6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 14 extend to February 15, 2018, the time in which the United States is required to file a civil complaint for 15 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 16 currency is subject to forfeiture. 17 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 February 15, 2018. 20 Dated: 1/9/2018 21 22 MCGREGOR W. SCOTT United States Attorney /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 23 24 25 Dated: 26 27 1/9/2018 /s/ Candice L. Fields CANDICE L. FIELDS Attorney for claimant William “Bill” Byron (Authorized via email) 28 29 2 Stipulation to Extend Time to File Complaint 1 ORDER 2 The deadline by which the United States shall be required to file a complaint for forfeiture 3 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 4 subject to forfeiture shall be extended to not later than February 15, 2018. 5 IT IS SO ORDERED. 6 Dated: January 11, 2018 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3 Stipulation to Extend Time to File Complaint

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?