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

Filing 6

STIPULATION and ORDER signed by Senior Judge William B. Shubb 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 12/03/2021. (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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UNITED STATES OF AMERICA,

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Plaintiff,

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v.

2:21-MC-00228-WBS-JDP

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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

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Defendant.
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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:
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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.
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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.
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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 is September 19, 2021.
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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.
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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.
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6.

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

13 extend to December 3, 2021, the time in which the United States is required to file a civil complaint for
14 forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant
15 currency is subject to forfeiture
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7.

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

17 required to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment
18 alleging that the defendant currency is subject to forfeiture shall be extended to December 3, 2021.
19 Dated:

11/17/2021

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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11/17/2021

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/s/ Benjamin N. Gluck
Attorney for Matthew Thornton
(Authorized via email)

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IT IS SO ORDERED.

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Dated: November 18, 2021

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Stipulation to Extend Time to File Complaint