USA v. Approximately $30,480.00 in U.S. Currency

Filing 22

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 9/10/2020 EXTENDING time until 11/13/2020 to file a Complaint for Forfeiture and/or to obtain an Indictment alleging forfeiture. (Huang, H)

1

4

MCGREGOR W. SCOTT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

Plaintiff,

13

v.

2:19-MC-00085-WBS-DB

14

APPROXIMATELY $30,480.00 IN U.S.
CURRENCY,

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

15
Defendant.
16
17

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

18 Benito Graham (“Graham”), by and through their respective counsel, as follows:
19

1.

On or about March 19, 2019, claimant Graham filed a claim in the administrative

20 forfeiture proceedings with the Drug Enforcement Administration with respect to the Approximately
21 $30,480.00 in U.S. Currency (hereafter “defendant currency”), which was seized on October 1, 2018.
22

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.
27

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
1
Stipulation to Extend Time to File Complaint
29
30

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 June 14, 2019.
4

4.

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

5 14, 2019, the time in which the United States is required to file a civil complaint for forfeiture against
6 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
8

5.

By Stipulation and Order filed August 14, 2019, the parties stipulated to extend to

9 October 14, 2019, 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.
12

6.

By Stipulation and Order filed October 7, 2019, the parties stipulated to extend to

13 December 13, 2019, 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.
16

7.

By Stipulation and Order filed December 13, 2019, the parties stipulated to extend to

17 February 11, 2020, 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.
20

8.

By Stipulation and Order filed February 4, 2020, the parties stipulated to extend to April

21 12, 2020, the time in which the United States is required to file a civil complaint for forfeiture against
22 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
23 forfeiture.
24

9.

By Stipulation and Order filed April 3, 2020, the parties stipulated to extend to May 12,

25 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
26 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
27 forfeiture.
28
29
30

10.

By Stipulation and Order filed May 12, 2020, the parties stipulated to extend to June12,
2

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.
4

11.

By Stipulation and Order filed June 10, 2020, the parties stipulated to extend to July13,

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.
8

12.

By Stipulation and Order filed July 13, 2020, the parties stipulated to extend to August

9 14, 2020, the time in which the United States is required to file a civil complaint for forfeiture against
10 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
11 forfeiture.
12

13.

By Stipulation and Order filed August 11, 2020, the parties stipulated to extend to

13 September 14, 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.
16

14.

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

17 extend to November 13, 2020, the time in which the United States is required to file a civil complaint
18 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
19 currency is subject to forfeiture.
20

15.

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

21 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
22 alleging that the defendant currency is subject to forfeiture shall be extended to November 13, 2020.
23 Dated:

9/10/2020

MCGREGOR W. SCOTT
United States Attorney

24
25
26

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

27
28
29
30

3

Stipulation to Extend Time to File Complaint

1 Dated:

9/10/2020

2

/s/ Carlos K. Johnson
CARLOS K. JOHNSON
Attorney for Juan Benito Graham
(As authorized via phone)

3
4
5

IT IS SO ORDERED.

6

Dated: September 10, 2020

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

4

Stipulation to Extend Time to File Complaint