USA v. Approx. $37,000.00 in U.S. Currency

Filing 16

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/19/21 EXTENDING time until 12/22/21 to file a Complaint for Forfeiture and/or to obtain an Indictment alleging forfeiture. (Benson, A.)

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PHILLIP A. TALBERT
Acting United States Attorney
KEVIN C. KHASIGIAN
Assistant United States 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,
v.
APPROXIMATELY $37,000.00 IN
U.S. CURRENCY,

STIPULATION AND ORDER EXTENDING TIME
FOR FILING A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN INDICTMENT
ALLEGING FORFEITURE

Defendant.

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2:20-MC-00314-TLN-DB

It is hereby stipulated by and between the United States of America and potential claimant Kera

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

On or about September 25, 2020, claimant filed a claim in the administrative forfeiture

20 proceeding with the United States Postal Inspection Service (“USPIS”) with respect to the Approximately
21 $37,000.00 in U.S. Currency (hereafter “defendant currency”), which was seized on July 24, 2020.
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2.

The USPIS has sent the written notice of intent to forfeit required by 18 U.S.C. §

23 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the
24 defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimant has filed a claim
25 to the defendant currency as required by law in the 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

27 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency
28 is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
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Stipulation and Order to Extend Time

1 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties.
2 That deadline was December 24, 2020.
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4.

By Stipulation and Order filed December 17, 2020, the parties stipulated to extend to

4 February 22, 2021, the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
6 to forfeiture.
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5.

By Stipulation and Order filed February 12, 2021, the parties stipulated to extend to March

8 24, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
9 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
10 forfeiture.
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6.

By Stipulation and Order filed March 23, 2021, the parties stipulated to extend to May 24,

12 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
13 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
14 forfeiture.
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7.

By Stipulation and Order filed May 20, 2021, the parties stipulated to extend to June 23,

16 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
17 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
18 forfeiture.
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8.

By Stipulation and Order filed June 22, 2021, the parties stipulated to extend to August 23,

20 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
21 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
22 forfeiture.
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9.

By Stipulation and Order filed August 19, 2021, the parties stipulated to extend to October

24 22, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
25 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
26 forfeiture.
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10.

By Stipulation and Order filed October 21, 2021, the parties stipulated to extend to

28 November 22, 2021, the time in which the United States is required to file a civil complaint for forfeiture
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Stipulation and Order to Extend Time

1 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
2 to forfeiture.
11.

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

4 December 22, 2021, the time in which the United States is required to file a civil complaint for forfeiture
5 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
6 to forfeiture.
12.

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Accordingly, the parties agree that the deadline by which the United States shall be required

8 to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that
9 the defendant currency is subject to forfeiture shall be extended to December 22, 2021.
10 Dated:

11/19/21

PHILLIP A. TALBERT
Acting United States Attorney

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By:

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant United States Attorney

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Dated:

11/19/21

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/s/ Jacek Lentz
JACEK LENTZ
Attorney for potential claimant
Kera Barber
(Signature authorized by email)

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IT IS SO ORDERED.
Dated: 11/19/2021
Troy L. Nunley
United States District Judge

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Stipulation and Order to Extend Time