USA v. Approx. $106,590.00 in U.S. Currency

Filing 22

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 9/16/22 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 11/10/2022. (Kastilahn, A)

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PHILLIP A. TALBERT
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.

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APPROXIMATLEY $106,590.00 IN U.S.
CURRENCY,

2:20-MC-00311-WBS-CKD
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 claimant Adrian Ortega

18 (“claimant”), by and through their respective counsel, as follows:
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1.

On September 29, 2020, the claimant filed a claim in the administrative forfeiture

20 proceedings with the Federal Bureau of Investigation with respect to the Approximately $106,590.00 in
21 U.S. Currency (hereafter “defendant currency”), which was seized on June 23, 2020.
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2.

The Federal Bureau of Investigation 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
25 other than the claimant has filed a claim to the defendant currency as required by law in the
26 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

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
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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 December 18, 2020.
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4.

By Stipulation and Order filed December 18, 2020, the parties stipulated to extend to

5 March 18, 2021, 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.
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5.

By Stipulation and Order filed March 19, 2021, the parties stipulated to extend to May

9 17, 2021, the time in which the United States is required to file a civil complaint for forfeiture against
10 the 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 May 18, 2021, the parties stipulated to extend to August

13 16, 2021, the time in which the United States is required to file a civil complaint for forfeiture against
14 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
15 forfeiture.
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7.

By Stipulation and Order filed August 17, 2021, the parties stipulated to extend to

17 October 15, 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.

By Stipulation and Order filed October 18, 2021, the parties stipulated to extend to

21 December 14, 2021, the time in which the United States is required to file a civil complaint for
22 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
23 currency is subject to forfeiture.
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9.

By Stipulation and Order filed December 20, 2021, the parties stipulated to extend to

25 February 14, 2022, the time in which the United States is required to file a civil complaint for forfeiture
26 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
27 subject to forfeiture.
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Stipulation to Extend Time to File Complaint

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10.

By Stipulation and Order filed February 15, 2022, the parties stipulated to extend to

2 March 16, 2022, the time in which the United States is required to file a civil complaint for forfeiture
3 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is
4 subject to forfeiture.
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11.

By Stipulation and Order filed March 15, 2022, the parties stipulated to extend to May

6 16, 2022, the time in which the United States is required to file a civil complaint for forfeiture against
7 the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
8 forfeiture.
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12.

By Stipulation and Order filed May 16, 2022, the parties stipulated to extend to July 15,

10 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
11 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
12 forfeiture.
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13.

By Stipulation and Order filed July 14, 2022, the parties stipulated to extend to

14 September 13, 2022, the time in which the United States is required to file a civil complaint for
15 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
16 currency is subject to forfeiture.
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14.

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

18 extend to November 10, 2022, the time in which the United States is required to file a civil complaint
19 for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
20 currency is subject to forfeiture.
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Stipulation to Extend Time to File Complaint

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15.

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 November 10, 2022.
4 DATED: 9/12/22

PHILLIP A. TALBERT
United States Attorney

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

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8 DATED: 9/11/22
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/s/ Robert L. Forkner
ROBERT L. FORKNER
Attorney for claimant Adrian Ortega
(Authorized via phone)

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IT IS SO ORDERED.

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Dated: September 16, 2022
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Stipulation to Extend Time to File Complaint