USA v. Approximately $9,000.00 in U.S. Currency et al

Filing 26

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 11/18/21 ORDERING that 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 February 15, 2022.(Kaminski, H)

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PHILLIP A. TALBERT
Acting United States Attorney
KEVIN C. KHASIGIAN
Assistant United States 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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2:19-MC-00099-MCE-EFB

Plaintiff,
v.
APPROXIMATELY $9,000.00 IN U.S.
CURRENCY, and

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

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APPROXIMATELY $8,980.00 IN U.S.
CURRENCY,

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Defendant.

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

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

On or about April 4, 2019, claimant filed claims in the administrative forfeiture proceeding

22 with the U.S. Postal Inspection Service with respect to the Approximately $9,000.00 in U.S. Currency and
23 Approximately $8,980.00 in U.S. Currency (hereafter “defendant currency”), which were seized on
24 February 7, 2019.
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2.

The U.S. Postal Inspection Service has sent the written notice of intent to forfeit required

26 by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
27 claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has
28 filed a claim to the defendant currency as required by law in the administrative forfeiture proceeding.
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Stipulation and Order to Extend Time
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3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

2 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency
3 is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
4 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties.
5 That deadline was July 3, 2019.
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4.

By Stipulation and Order filed July 3, 2019, the parties stipulated to extend to October 1,

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

By Stipulation and Order filed September 26, 2019, the parties stipulated to extend to

11 December 30, 2019, the time in which the United States is required to file a civil complaint for forfeiture
12 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
13 to forfeiture.
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6.

By Stipulation and Order filed January 6, 2020, the parties stipulated to extend to February

15 28, 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
17 forfeiture.
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7.

By Stipulation and Order filed March 5, 2020, the parties stipulated to extend to April 28,

19 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
20 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
21 forfeiture.
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8.

By Stipulation and Order filed April 29, 2020, the parties stipulated to extend to July 27,

23 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
24 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
25 forfeiture.
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By Stipulation and Order filed July 28, 2020, the parties stipulated to extend to September

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

By Stipulation and Order filed September 30, 2020, the parties stipulated to extend to

3 December 21, 2020, the time in which the United States is required to file a civil complaint for forfeiture
4 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
5 to forfeiture.
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11.

By Stipulation and Order filed December 16, 2020, the parties stipulated to extend to

7 February 19, 2021, the time in which the United States is required to file a civil complaint for forfeiture
8 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
9 to forfeiture.
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12.

By Stipulation and Order filed February 12, 2021, the parties stipulated to extend to April

11 20, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
12 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
13 forfeiture.
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13.

By Stipulation and Order filed April 16, 2021, the parties stipulated to extend to June 18,

15 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
17 forfeiture.
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14.

By Stipulation and Order filed June 14, 2021, the parties stipulated to extend to August 17,

19 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
20 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
21 forfeiture.
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15.

By Stipulation and Order filed August 16, 2021, the parties stipulated to extend to

23 November 15, 2021, the time in which the United States is required to file a civil complaint for forfeiture
24 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
25 to forfeiture.
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16.

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

27 February 15, 2022, the time in which the United States is required to file a civil complaint for forfeiture
28 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
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Stipulation and Order to Extend Time
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1 to forfeiture.
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16.

Accordingly, the parties agree that 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 that
4 the defendant currency is subject to forfeiture shall be extended to February 15, 2022.
5 Dated: 11/12/21

PHILLIP A. TALBERT
Acting United States Attorney

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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant United States Attorney

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9 Dated: 11/11/21
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/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for potential claimant
Dustin Forkell

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(Signature authorized by email)
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IT IS SO ORDERED.

15 Dated: November 18, 2021
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Stipulation and Order to Extend Time