United States of America v. Approximately $13,200.00 in U.S. Currency

Filing 16

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 8/24/18 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 9/27/2018. (Mena-Sanchez, L)

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4 McGREGOR W. SCOTT 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, 2:17-mc-00176-MCE-KJN 12 STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE 13 Plaintiff, v. 14 APPROXIMATELY $13,200.00 IN U.S. CURRENCY, 15 Defendant. 16 17 It is hereby stipulated by and between the United States of America and potential claimant Derek 18 Michael Chrans (“claimant”), by and through their respective counsel, as follows: 19 1. On or about August 21, 2017, claimant filed a claim in the administrative forfeiture 20 proceeding with the U.S. Postal Inspection Service with respect to the Approximately $13,200.00 in U.S. 21 Currency (hereafter “defendant currency”), which was seized on May 25, 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 November 17, 2017. 3 4. By Stipulation and Order filed November 28, 2017, the parties stipulated to extend to 4 January 16, 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. By Stipulation and Order filed January 17, 2018, the parties stipulated to extend to 8 February 15, 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. By Stipulation and Order filed February 15, 2018, the parties stipulated to extend to 12 March 16, 2018, the time in which the United States is required to file a civil complaint for forfeiture 13 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 14 subject to forfeiture. 15 7. By Stipulation and Order filed March 20, 2018, the parties stipulated to extend to April 16 30, 2018, the time in which the United States is required to file a civil complaint for forfeiture against the 17 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 18 forfeiture. 19 8. By Stipulation and Order filed May 2, 2018, the parties stipulated to extend to May 30, 20 2018, the time in which the United States is required to file a civil complaint for forfeiture against the 21 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 22 forfeiture. 23 9. By Stipulation and Order filed June 8, 2018, the parties stipulated to extend to June 29, 24 2018, the time in which the United States is required to file a civil complaint for forfeiture against the 25 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 26 forfeiture. 27 10. By Stipulation and Order filed July 3, 2018, the parties stipulated to extend to August 28, 28 2018, the time in which the United States is required to file a civil complaint for forfeiture against the 2 Stipulation and Order to Extend Time 29 30 1 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 2 forfeiture. 3 11. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 4 to September 27, 2018, the time in which the United States is required to file a civil complaint for 5 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 6 currency is subject to forfeiture. 7 12. 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 September 27, 2018. 10 Dated: 8/22/18 11 McGREGOR W. SCOTT United States Attorney By: 12 13 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 14 15 Dated: 8/21/18 16 17 /s/ Monroe D. McWard MONROE D. MCWARD Attorney for potential claimant Derek Michael Chrans (Signature authorized by phone) 18 19 20 IT IS SO ORDERED. 21 22 Dated: August 24, 2018 23 24 25 26 27 28 29 30 3 Stipulation and Order to Extend Time

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