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

Filing 4

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/19/2020 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 is EXTENDED to 1/19/2021. (Zignago, K.)

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4 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 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 Plaintiff, v. 2:20-MC-00236-TLN-KJN STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $111,720.00 IN U.S. CURRENCY, 15 Defendant. 16 17 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 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 9 to 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. 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 January 19, 2021. 15 Dated: 11/18/2020 McGREGOR W. SCOTT United States Attorney 16 By: 17 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 18 19 20 Dated: 11/18/2020 21 /s/ Samuel D. Berns SAMUEL D. BERNS Attorney for potential claimant William J. Rienzi 22 (Signature authorized by email) 23 24 25 IT IS SO ORDERED. 26 Dated: November 19, 2020 Troy L. Nunley United States District Judge 27 28 2 Stipulation and Order to Extend Time

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