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

Filing 6

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 10/4/2019 EXTENDING Time to 12/13/2019, for the United States to file a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture. (York, M)

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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: (916) 554-2700 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. 5. 8 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. 6. 12 As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 13 extend to December 13, 2019, the time in which the United States is required to file a civil complaint 14 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 15 currency is subject to forfeiture. 7. 16 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 December 13, 2019. 19 Dated: 10/4/2019 MCGREGOR W. SCOTT United States Attorney 20 21 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 22 23 24 Dated: 25 26 10/4/2019 /s/ Carlos K. Johnson CARLOS K. JOHNSON Attorney for Juan Benito Graham (As authorized via email) 27 /// 28 /// 29 30 2 Stipulation to Extend Time to File Complaint 1 IT IS SO ORDERED. 2 Dated: October 4, 2019 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Stipulation to Extend Time to File Complaint

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