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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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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11 UNITED STATES OF AMERICA,

2:17-mc-00176-MCE-KJN

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STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

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Plaintiff,
v.

14 APPROXIMATELY $13,200.00 IN U.S.
CURRENCY,
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Defendant.
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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:
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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.
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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.
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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
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Stipulation and Order to Extend Time
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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Stipulation and Order to Extend Time
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1 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
2 forfeiture.
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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.
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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
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McGREGOR W. SCOTT
United States Attorney
By:

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

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15 Dated: 8/21/18
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/s/ Monroe D. McWard
MONROE D. MCWARD
Attorney for potential claimant
Derek Michael Chrans
(Signature authorized by phone)

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IT IS SO ORDERED.

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22 Dated: August 24, 2018
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Stipulation and Order to Extend Time