USA v. Approx. $163,051.00 in U.S. Currency

Filing 10

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 1/7/2022 EXTENDING Time to 2/7/2022, for the United States to file a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture. (York, M)

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1 4 PHILLIP A. TALBERT Acting 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 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 15 APPROXIMATELY $163,051.00 IN U.S. CURRENCY, STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE Defendant. 16 17 2:21-MC-00228-WBS-JDP It is hereby stipulated by and between the United States of America and pseudonymous 18 potential claimant Matthew Thornton (“Thornton”), by and through their respective counsel, as follows: 19 1. On or about June 21, 2021, claimant Thornton filed a claim in the administrative 20 forfeiture proceedings with the Federal Bureau of Investigation with respect to the Approximately 21 $85,245.00 in U.S. Currency (hereafter “defendant currency”), which was seized on March 22, 2021. 22 2. The United States contends that the Federal Bureau of Investigation has sent the written 23 notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The 24 time has expired for any person to file a claim to the defendant currency under 18 U.S.C. § 25 983(a)(2)(A)-(E), and no person other than the claimant has filed a claim to the defendant currency as 26 required by law in the administrative 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 to Extend Time to File Complaint 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 is September 19, 2021. 4 4. By Stipulation and Order filed September 20, 2021, the parties stipulated to extend to 5 October 19, 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. 8 5. By Stipulation and Order filed October 20, 2021, the parties stipulated to extend to 9 November 18, 2021, the time in which the United States is required to file a civil complaint for 10 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant 11 currency is subject to forfeiture. 12 6. By Stipulation and Order filed November 19, 2021, the parties stipulated to extend to 13 December 3, 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 15 subject to forfeiture. 16 7. By Stipulation and Order filed December 6, 2021, the parties stipulated to extend to 17 January 7, 2022, 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. 20 8. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further 21 extend to February 7, 2022, 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. 24 /// 25 /// 26 /// 27 /// 28 /// 2 Stipulation to Extend Time to File Complaint 1 9. 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 February 7, 2022. 4 Dated: 1/06/2021 5 6 PHILLIP A. TALBERT Acting United States Attorney /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 7 8 9 Dated: 1/06/2021 10 /s/ Benjamin N. Gluck Attorney for Matthew Thornton (Authorized via email) 11 12 13 IT IS SO ORDERED. 14 Dated: January 7, 2022 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation to Extend Time to File Complaint

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