United States of America v. Approximately $10,000.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/22/18: 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 October 22, 2018. (Kaminski, H)
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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: (916) 554-2700
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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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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
2:17-MC-00179-TLN-KJN
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APPROXIMATELY $10,000.00 IN U.S.
CURRENCY,
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE
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Defendant.
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It is hereby stipulated by and between the United States of America and potential claimant
18 Robert E. Huff (“Huff”), by and through their respective counsel, as follows:
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1.
On or about August 23, 2017, claimant Huff filed a claim in the administrative forfeiture
20 proceedings with the United States Postal Inspection Service with respect to the Approximately
21 $10,000.00 in U.S. Currency (hereafter “defendant currency”), which was seized on May 25, 2017.
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2.
The United States Postal Inspection Service has sent the written notice of intent to forfeit
23 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person
25 other than the claimant has filed a claim to the defendant currency as required by law in the
26 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
28 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
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Stipulation and Order to Extend Time to File
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Complaint
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1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
3 the parties. That deadline was November 21, 2017.
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4.
By Stipulation and Order filed December 6, 2017, the parties stipulated to extend to
5 January 22, 2018, the time in which the United States is required to file a civil complaint for forfeiture
6 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject
7 to forfeiture.
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5.
By Stipulation and Order filed January 19, 2018, the parties stipulated to extend to
9 March 23, 2018, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject
11 to forfeiture.
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6.
By Stipulation and Order filed March 28, 2018, the parties stipulated to extend to May
13 22, 2018, the time in which the United States is required to file a civil complaint for forfeiture against
14 the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
15 forfeiture.
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7.
By Stipulation and Order filed May 31, 2018, the parties stipulated to extend to July 23,
17 2018, the time in which the United States is required to file a civil complaint for forfeiture against the
18 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
19 forfeiture.
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8.
By Stipulation and Order filed August 8, 2018, the parties stipulated to extend to August
21 22, 2018, the time in which the United States is required to file a civil complaint for forfeiture against
22 the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
23 forfeiture.
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9.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further
25 extend to October 22, 2018, the time in which the United States is required to file a civil complaint for
26 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
27 currency is subject to forfeiture.
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10.
Accordingly, the parties agree that the deadline by which the United States shall be
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Stipulation and Order to Extend Time to File
Complaint
1 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
2 alleging that the defendant currency is subject to forfeiture shall be extended to October 22, 2018.
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Dated:
8/21/18
MCGREGOR W. SCOTT
United States Attorney
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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Dated:
8/21/18
/s/ Stephana L.M. Femino
STEPHANA L.M. FEMINO
Attorney for potential claimant
Robert E. Huff
(Authorized via phone)
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IT IS SO ORDERED.
13 Dated: August 22, 2018
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Troy L. Nunley
United States District Judge
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Stipulation and Order to Extend Time to File
Complaint
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