USA v. Approx. $111,720.00 in U.S. Currency

Filing 14

ORDER signed by District Judge Troy L. Nunley on 7/16/2021 EXTENDING to 8/16/2021, that the deadline 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. (Reader, L)

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Case 2:20-mc-00236-TLN-KJN Document 14 Filed 07/19/21 Page 1 of 3 4 PHILLIP A. TALBERT Acting United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 Plaintiff, v. APPROXIMATELY $111,720.00 IN U.S. CURRENCY, STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE Defendant. 16 17 2:20-MC-00236-TLN-KJN It is hereby stipulated by and between the United States of America and potential claimant 18 William J. Rienzi (“claimant”), by and through their respective counsel, as follows: 19 1. On or about June 23, 2020, claimant filed a claim in the administrative forfeiture 20 proceeding with the U.S. Customs and Border Protection with respect to the Approximately $111,720.00 21 in U.S. Currency (hereafter “defendant currency”), which was seized on or about March 3, 2020. 22 2. The U.S. Customs and Border Protection 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 24 person to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other 25 than claimant has filed a claim to the defendant currency as required by law in the administrative 26 forfeiture 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 and Order to Extend Time Case 2:20-mc-00236-TLN-KJN Document 14 Filed 07/19/21 Page 2 of 3 1 currency is subject to forfeiture within ninety days after a claim has been filed in the administrative 2 forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the 3 parties. That deadline was September 21, 2020. 4 4. By Stipulation and Order filed September 18, 2020, the parties stipulated to extend to 5 November 20, 2020, the time in which the United States is required to file a civil complaint for forfeiture 6 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 7 subject to forfeiture. 8 5. By Stipulation and Order filed November 19, 2020, the parties stipulated to extend to 9 January 19, 2021, 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. 12 6. By Stipulation and Order filed January 19, 2021, the parties stipulated to extend to March 13 19, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 14 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 15 forfeiture. 16 7. By Stipulation and Order filed March 19, 2021, the parties stipulated to extend to May 18, 17 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 18 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 19 forfeiture. 20 8. By Stipulation and Order filed May 18, 2021, the parties stipulated to extend to June 17, 21 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 22 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 23 forfeiture. 24 9. By Stipulation and Order filed June 21, 2021, the parties stipulated to extend to July 16, 25 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 26 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to 27 forfeiture. 28 10. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 2 Stipulation and Order to Extend Time Case 2:20-mc-00236-TLN-KJN Document 14 Filed 07/19/21 Page 3 of 3 1 to August 16, 2021, the time in which the United States is required to file a civil complaint for forfeiture 2 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is 3 subject to forfeiture. 4 11. Accordingly, the parties agree that the deadline by which the United States shall be 5 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment 6 alleging that the defendant currency is subject to forfeiture shall be extended to August 16, 2021. 7 Dated: 7/16/2021 8 PHILLIP A. TALBERT Acting United States Attorney By: 9 10 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 11 12 Dated: 7/16/2021 13 14 /s/ Samuel D. Berns SAMUEL D. BERNS Attorney for potential claimant William J. Rienzi (Signature authorized by email) 15 16 17 IT IS SO ORDERED. 18 Dated: July 16, 2021 19 20 Troy L. Nunley United States District Judge 21 22 23 24 25 26 27 28 3 Stipulation and Order to Extend Time

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