USA v. Approximately $9,000.00 in U.S. Currency et al
Filing
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STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 09/15/22 EXTENDING deadline to 10/12/22 by which the U.S. 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. (Benson, A.)
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PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: (916) 554-2700
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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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9.
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 January 22, 2021, the parties stipulated to extend to February
7 19, 2021, 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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12.
By Stipulation and Order filed February 24, 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 18, 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.
By Stipulation and Order filed November 19, 2021, the parties stipulated to 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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17.
By Stipulation and Order filed February 16, 2022, the parties stipulated to extend to April
3 15, 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
4 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
5 forfeiture.
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18.
By Stipulation and Order filed April 20, 2022, the parties stipulated to extend to June 14,
7 2022, 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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19.
By Stipulation and Order filed June 30, 2022, the parties stipulated to extend to July 14,
11 2022, 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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20.
By Stipulation and Order filed July 21, 2022, the parties stipulated to extend to September
15 12, 2022, 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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21.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to
19 October 12, 2022, the time in which the United States is required to file a civil complaint for forfeiture
20 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
21 to forfeiture.
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Stipulation and Order to Extend Time
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22.
Accordingly, the parties agree that the deadline by which the United States shall be required
2 to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that
3 the defendant currency is subject to forfeiture shall be extended to October 12, 2022.
4 Dated: 09/09/22
PHILLIP A. TALBERT
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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8 Dated: 09/08/22
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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.
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15 Dated: September 15, 2022
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Stipulation and Order to Extend Time
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