United States of America v. Approximately $408,750.00 in U.S. Currency

Filing 20

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/4/2020 EXTENDING the deadline to file a Complaint for Forfeiture and/or to obtain an Indictment alleging Forfeiture to 11/3/2020. (Becknal, R)

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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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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

2:19-MC-00050-KJM-AC

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APPROXIMATELY $408,750.00 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 Li

18 Qiu Lin (“Lin”), by and through their respective counsel, as follows:
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1.

On or about December 11, 2018, claimant Lin filed a claim in the administrative

20 forfeiture proceedings with the Drug Enforcement Administration with respect to the Approximately
21 $408,750.00 in U.S. Currency (hereafter “defendant currency”), which was seized on October 15, 2018.
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2.

The Drug Enforcement Administration 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 to Extend Time to File Complaint

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 March 11, 2019.
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4.

By Stipulation and Order filed March 6, 2019, the parties stipulated to extend to May 10,

5 2019, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
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5.

By Stipulation and Order filed May 17, 2019, the parties stipulated to extend to July 9,

9 2019, the time in which the United States is required to file a civil complaint for forfeiture against the
10 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
11 forfeiture.
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6.

By Stipulation and Order filed July 3, 2019, the parties stipulated to extend to September

13 9, 2019, the time in which the United States is required to file a civil complaint for forfeiture against
14 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
15 forfeiture.
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7.

By Stipulation and Order filed September 10, 2019, the parties stipulated to extend to

17 November 8, 2019, the time in which the United States is required to file a civil complaint for forfeiture
18 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
19 subject to forfeiture.
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8.

By Stipulation and Order filed November 6, 2019, the parties stipulated to extend to

21 January 7, 2020, the time in which the United States is required to file a civil complaint for forfeiture
22 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
23 subject to forfeiture.
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9.

By Stipulation and Order filed January 9, 2020, the parties stipulated to extend to March

25 7, 2020, the time in which the United States is required to file a civil complaint for forfeiture against
26 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
27 forfeiture.
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10.

By Stipulation and Order filed March 10, 2020, the parties stipulated to extend to May 7,
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Stipulation to Extend Time to File Complaint

1 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
2 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
3 forfeiture.
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11.

By Stipulation and Order filed May 12, 2020, the parties stipulated to extend to July 6,

5 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
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12.

By Stipulation and Order filed July 20, 2020, the parties stipulated to extend to

9 September 4, 2020, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
11 subject to forfeiture.
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13.

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

13 extend to November 3, 2020, the time in which the United States is required to file a civil complaint for
14 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
15 currency is subject to forfeiture.
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14.

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

17 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
18 alleging that the defendant currency is subject to forfeiture shall be extended to November 3, 2020.
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Dated:

9/1/2020

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:

9/1/2020

/s/ Isaac Safier
ISAAC SAFIER
Attorney for Li Qui Lin
(As authorized via email)

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Stipulation to Extend Time to File Complaint

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IT IS SO ORDERED.

2 Dated: September 4, 2020.
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Stipulation to Extend Time to File Complaint