United States of America v. Approximately $80,000.00 in U.S. Currency et al

Filing 4

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 2/15/2018 ORDERING 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 is EXTENDED to 4/17/2018. (Zignago, K.)

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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,

2:18-MC-00005-MCE-DB

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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 $80,000.00 IN U.S.
CURRENCY, and
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APPROXIMATELY $33,740.00 IN U.S.
16 CURRENCY,
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Defendants.

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It is hereby stipulated by and between the United States of America and potential claimant Paris

20 D. Evans (“claimant”), by and through their respective counsel, as follows:
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1.

On or about October 20, 2017, claimant filed a claim in the administrative forfeiture

22 proceeding with the Drug Enforcement Administration with respect to the Approximately $80,000.00 in
23 U.S. Currency and Approximately $33,740.00 in U.S. Currency (hereafter “defendant currency”), which
24 was seized on August 14, 2017.
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2.

The Drug Enforcement Administration has sent the written notice of intent to forfeit

26 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
27 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other
28 than claimant has filed a claim to the defendant currency as required by law in the administrative
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Stipulation and Order to Extend Time
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1 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

3 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
4 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
5 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
6 parties. That deadline was January 18, 2018.
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4.

By Stipulation and Order filed January 17, 2018, the parties stipulated to extend to

8 February 16, 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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5.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend

12 to April 17, 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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6.

Accordingly, the parties agree that the deadline by which the United States shall be

16 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
17 alleging that the defendant currency is subject to forfeiture shall be extended to April 17, 2018.
18 Dated: 2/8/18
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22 Dated: 2/8/18
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McGREGOR W. SCOTT
United States Attorney
By:

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Jonathan M. Brayman
JONATHAN M. BRAYMAN
Attorney for potential claimant
Paris D. Evans
(Signature authorized by phone)

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Stipulation and Order to Extend Time

ORDER

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Pursuant to the stipulation of the parties, the deadline by which the United States shall be required

3 to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging
4 that the defendant currency is subject to forfeiture shall be extended to not later than April 17, 2018.
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IT IS SO ORDERED.

6 Dated: February 15, 2018
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Stipulation and Order to Extend Time