United States of America v. Approximately $20,000.00 in U.S. Currency et al

Filing 4

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/10/19 EXTENDING time to file a Complaint for Forfeiture and/or to obtain an Indictment alleging forfeiture until 11/15/2019. (Benson, 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: [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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Plaintiff,

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v.

2:19-MC-00114-TLN-CKD

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APPROXIMATELY $20,000.00 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 $20,000.00 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

19 Brandon Butorac (“Butorac”), by and through their respective counsel, as follows:
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1.

On or about April 16, 2019, claimant Butorac filed a claim in the administrative

21 forfeiture proceedings with the United States Postal Inspection Service with respect to the
22 Approximately $20,000.00 in U.S. Currency and the Approximately $20,000.00 in U.S. Currency
23 (collectively hereafter “defendant currency”), which were seized on February 19, 2019.
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2.

The United States Postal Inspection Service has sent the written notice of intent to forfeit

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

Stipulation to Extend Time to File Complaint

1 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

3 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
4 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative
5 forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of
6 the parties. That deadline was July 15, 2019.
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4.

By Stipulation and Order filed July 12, 2019, the parties stipulated to extend to October

8 15, 2019, the time in which the United States is required to file a civil complaint for forfeiture against
9 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
10 forfeiture.
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5.

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

12 extend to November 15, 2019, the time in which the United States is required to file a civil complaint
13 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
14 currency is subject to forfeiture.
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6.

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

16 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
17 alleging that the defendant currency is subject to forfeiture shall be extended to November 15, 2019.
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Dated:

10/10/2019

MCGREGOR W. SCOTT
United States Attorney

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

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Dated:

10/10/2019

/s/ Jacek W. Lentz
JACEK W. LENTZ
Attorney for Brandon Butorac
(As authorized via email)

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IT IS SO ORDERED.

27 Dated: October 10, 2019
Troy L. Nunley
United States District Judge

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2

Stipulation to Extend Time to File Complaint