USA v. Approx. $59,620.00 in U.S. Currency

Filing 10

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/16/21 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 April 16, 2021. (Kaminski, H)

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Case 2:20-mc-00146-TLN-KJN Document 10 Filed 02/16/21 Page 1 of 3 1 4 MCGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN Assistant United States. 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. 2:20-MC-00146-TLN-KJN 14 APPROXIMATELY $59,620.00 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 Trey 18 Suy Lay (“Lay”), by and through their respective counsel, as follows: 19 1. On or about March 23, 2020, claimant Lay filed a claim in the administrative forfeiture 20 proceedings with the Drug Enforcement Administration with respect to the Approximately $59,620.00 21 in U.S. Currency (hereafter “defendant currency”), which was seized on January 17, 2020. 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 person 24 to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than 25 the claimant has filed a claim to the defendant currency as required by law in the administrative forfeiture 26 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 Case 2:20-mc-00146-TLN-KJN Document 10 Filed 02/16/21 Page 2 of 3 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 19, 2020. 4 4. By Stipulation and Order filed June 15, 2020, the parties stipulated to extend to August 5 18, 2020, 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. 8 5. By Stipulation and Order filed August 17, 2020, the parties stipulated to extend to October 9 19, 2020, the time in which the United States is required to file a civil complaint for forfeiture against the 10 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 11 forfeiture. 12 6. By Stipulation and Order filed October 15, 2020, the parties stipulated to extend to 13 December 18, 2020, the time in which the United States is required to file a civil complaint for forfeiture 14 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 15 subject to forfeiture. 16 7. By Stipulation and Order filed December 16, 2020, the parties stipulated to extend to 17 February 16, 2021, the time in which the United States is required to file a civil complaint for forfeiture 18 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 19 subject to forfeiture. 20 8. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 21 to April 16, 2021, the time in which the United States is required to file a civil complaint for forfeiture 22 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 23 subject to forfeiture. 24 /// 25 /// 26 /// 27 /// 28 /// 2 Stipulation to Extend Time to File Complaint Case 2:20-mc-00146-TLN-KJN Document 10 Filed 02/16/21 Page 3 of 3 1 9. Accordingly, the parties agree that the deadline by which the United States shall be 2 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 3 alleging that the defendant currency is subject to forfeiture shall be extended to April 16, 2021. 4 5 Dated: 2/16/2021 MCGREGOR W. SCOTT United States Attorney 6 7 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant United States Attorney 8 9 10 Dated: 2/12/2021 /s/ Isaac Safier ISAAC SAFIER Attorney for Trey Suy Lay (As authorized via email) 11 12 13 14 15 IT IS SO ORDERED. Dated: February 16, 2021 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation to Extend Time to File Complaint

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