USA v. Approx. $59,620.00 in U.S. Currency
Filing
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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)
Case 2:20-mc-00146-TLN-KJN Document 10 Filed 02/16/21 Page 1 of 3
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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
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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.
2:20-MC-00146-TLN-KJN
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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
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Defendant.
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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:
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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.
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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.
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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 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.
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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.
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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.
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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.
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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.
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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.
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Stipulation to Extend Time to File Complaint
Case 2:20-mc-00146-TLN-KJN Document 10 Filed 02/16/21 Page 3 of 3
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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.
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Dated:
2/16/2021
MCGREGOR W. SCOTT
United States Attorney
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant United States Attorney
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Dated:
2/12/2021
/s/ Isaac Safier
ISAAC SAFIER
Attorney for Trey Suy Lay
(As authorized via email)
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IT IS SO ORDERED.
Dated: February 16, 2021
Troy L. Nunley
United States District Judge
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Stipulation to Extend Time to File Complaint
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