USA v. Approximately $11,450.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/8/19 EXTENDING 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 to 12/9/19. (Coll, A)
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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: (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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Plaintiff,
v.
APPROXIMATELY $11,450.00 IN U.S.
CURRENCY,
2:19-MC-00112-MCE-CKD
STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE
Defendant.
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It is hereby stipulated by and between the United States of America and potential claimant Corlis
19 McSpadden (“claimant”), by and through their respective counsel, as follows:
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1.
On or about April 12, 2019, claimant filed a claim in the administrative forfeiture
21 proceeding with the U.S. Postal Inspection Service with respect to the Approximately $11,450.00 in U.S.
22 Currency (hereafter “defendant currency”), which was seized on February 7, 2019.
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2.
The U.S. Postal Inspection Service has sent the written notice of intent to forfeit required
24 by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
25 claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant
26 has filed a claim to the defendant currency as required by law in the 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 and Order to Extend Time
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1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
2 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the
3 parties. That deadline was July 11, 2019.
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4.
By Stipulation and Order filed July 19, 2019, the parties stipulated to extend to October 9,
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.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to
9 December 9, 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.
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6.
Accordingly, the parties agree that the deadline by which the United States shall be
13 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
14 alleging that the defendant currency is subject to forfeiture shall be extended to December 9, 2019.
15 Dated: 10/3/19
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By:
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McGREGOR W. SCOTT
United States Attorney
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/s/ Peter S. Herrick
PETER S. HERRICK
Attorney for potential claimant
Corlis McSpadden
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(Signature authorized by email)
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Dated: 10/2/19
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
IT IS SO ORDERED.
Dated: October 8, 2019
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Stipulation and Order to Extend Time
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