USA v. Approx. $32,300.00 in U.S. Currency

Filing 8

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 11/18/2021 EXTENDING 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 to 12/13/2021. (Rodriguez, E)

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PHILLIP A. TALBERT
Acting 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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2:21-MC-00176-MCE-CKD
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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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

APPROXIMATELY $32,300.00 IN
U.S. CURRENCY,

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Defendant.
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It is hereby stipulated by and between the United States of America and potential claimant Ryan

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

On or about April 19, 2021, claimant Phillips filed a claim in the administrative forfeiture

20 proceedings with the Drug Enforcement Administration with respect to the Approximately $32,300.00 in
21 U.S. Currency (hereafter “defendant currency”), which was seized on January 20, 2021.
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2.

The Drug Enforcement Administration 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 person
24 to file a claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the
25 claimant has filed a claim to the defendant currency as required by law in the administrative forfeiture
26 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 currency
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Stipulation and Order to Extend Time
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1 is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture
2 proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties.
3 That deadline was July 16, 2021.
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4.

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

5 14, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
7 forfeiture.
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5.

By Stipulation and Order filed September 14, 2021, the parties stipulated to extend to

9 October 14, 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 subject
11 to forfeiture.
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6.

By Stipulation and Order filed October 14, 2021, the parties stipulated to extend to

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

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

17 December 13, 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 subject
19 to forfeiture.
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Stipulation and Order to Extend Time

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8.

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 December 13, 2021.
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Dated:

11/12/21

PHILLIP A. TALBERT
Acting United States Attorney

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

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Dated:

11/12/21

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/s/ Robert G. Amsel
ROBERT G. AMSEL
Attorney for potential claimant
Ryan Ian Preston
Robert G. Amsel
2250 Southwest 3rd Avenue, Suite
#400
Tampa, FL 33129
[phone] - office
[e-mail]

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(As authorized via email)
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IT IS SO ORDERED.

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Dated: November 18, 2021

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Stipulation and Order to Extend Time