USA v. Approx. $96,189.19 in U.S. Currency

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/21/2022 EXTENDING to 1/20/2023 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. (Coll, A)

Case 2:21-mc-00051-TLN-AC Document 22 Filed 11/21/22 Page 1 of 4

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PHILLIP A. TALBERT
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 $96,189.19 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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2:21-MC-00051-TLN-AC

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

18 Zhenhuan Xie and Xiaobing Wang (“claimants”), by and through their respective counsel, as follows:
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1.

On or about December 1, 2020, claimants filed a claim in the administrative forfeiture

20 proceeding with the U.S. Customs and Border Protection (“CBP”) with respect to the Approximately
21 $96,189.19 in U.S. Currency (hereafter “defendant currency”), which was seized on October 6, 2020.
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2.

The CBP has sent the written notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A)

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

Case 2:21-mc-00051-TLN-AC Document 22 Filed 11/21/22 Page 2 of 4

1 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties.
2 That deadline was March 1, 2021.
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4.

By Stipulation and Order filed February 25, 2021, the parties stipulated to extend to April

4 30, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
5 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
6 forfeiture.
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5.

By Stipulation and Order filed April 29, 2021, the parties stipulated to extend to June 30,

8 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 June 29, 2021, the parties stipulated to extend to September

12 28, 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 September 28, 2021, the parties stipulated to extend to

16 November 29, 2021, the time in which the United States is required to file a civil complaint for forfeiture
17 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
18 to forfeiture.
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8.

By Stipulation and Order filed November 24, 2021, the parties stipulated to extend to

20 January 28, 2022, the time in which the United States is required to file a civil complaint for forfeiture
21 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
22 to forfeiture.
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9.

By Stipulation and Order filed January 28, 2022, the parties stipulated to extend to March

24 29, 2022, 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 March 24, 2022, the parties stipulated to extend to May 30,

28 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
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Stipulation and Order to Extend Time

Case 2:21-mc-00051-TLN-AC Document 22 Filed 11/21/22 Page 3 of 4

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

By Stipulation and Order filed May 25, 2022, the parties stipulated to extend to July 29,

4 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
5 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
6 forfeiture.
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12.

By Stipulation and Order filed July 28, 2022, the parties stipulated to extend to September

8 26, 2022, 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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13.

By Stipulation and Order filed September 26, 2022, the parties stipulated to extend to

12 November 22, 2022, the time in which the United States is required to file a civil complaint for forfeiture
13 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
14 to forfeiture.
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14.

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

16 20, 2023, 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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Stipulation and Order to Extend Time

Case 2:21-mc-00051-TLN-AC Document 22 Filed 11/21/22 Page 4 of 4

15.

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

2 to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that
3 the defendant currency is subject to forfeiture shall be extended to January 20, 2023.
4 Dated:

11/21/22

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By:

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PHILLIP A. TALBERT
United States Attorney

Dated: 11/21/22

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant United States Attorney
/s/ Mark J. Reichel
MARK J. REICHEL
Attorney for potential claimants
Zhenhuan Xie and Xiaobing Wang
(Signature authorized by phone)

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IT IS SO ORDERED.
Dated: November 21, 2022
Troy L. Nunley
United States District Judge

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Stipulation and Order to Extend Time