USA v. Approx. $13,830.00 in U.S. Currency

Filing 14

STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 01/13/23 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 02/10/23. (Licea Chavez, V)

Case 2:22-mc-00198-MCE-CKD Document 14 Filed 01/17/23 Page 1 of 3

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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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2:22-MC-00198-MCE-CKD

Plaintiff,
v.
APPROXIMATELY $13,830.00 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.
It is hereby stipulated by and between the United States of America and potential claimant Erica
Cardenas (“claimant”), by and through their respective counsel, as follows:
1.

On or about March 18, 2022, the claimant filed a claim in the administrative forfeiture

proceedings with the Federal Bureau of Investigation with respect to the Approximately $13,830.00 in U.S.
Currency (hereafter “defendant currency”), which was seized on May 12, 2021.
2.

The Federal Bureau of Investigation has sent the written notice of intent to forfeit required

by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a
claim to the defendant currency under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than the claimant
has filed a claim to the defendant currency as required by law in the administrative forfeiture proceeding.
3.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

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

Case 2:22-mc-00198-MCE-CKD Document 14 Filed 01/17/23 Page 2 of 3

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 June 16, 2022.
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4.

By Stipulation and Order filed June 29, 2022, the parties stipulated to extend to July 15,

5 2022, 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 July 18, 2022, the parties stipulated to extend to August 15,

9 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
10 defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to
11 forfeiture.
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6.

By Stipulation and Order filed August 22, 2022, the parties stipulated to extend to

13 September 14, 2022, 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.

By Stipulation and Order filed September 21, 2022, the parties stipulated to extend to

17 October 14, 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 subject
19 to forfeiture.
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8.

By Stipulation and Order filed October 25, 2022, the parties stipulated to extend to

21 December 12, 2022, the time in which the United States is required to file a civil complaint for forfeiture
22 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
23 to forfeiture.
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9.

By Stipulation and Order filed December 16, 2022, the parties stipulated to extend to

25 January 11, 2023, the time in which the United States is required to file a civil complaint for forfeiture
26 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
27 to forfeiture.
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Stipulation and Order to Extend Time

Case 2:22-mc-00198-MCE-CKD Document 14 Filed 01/17/23 Page 3 of 3

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10.

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

2 February 10, 2023, the time in which the United States is required to file a civil complaint for forfeiture
3 against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject
4 to forfeiture.
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11.

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

6 to file a complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that
7 the defendant currency is subject to forfeiture shall be extended to February 10, 2023.
8 Dated:

01/11/23

PHILLIP A. TALBERT
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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14 Dated:

01/10/23

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/s/ Melissa Dougherty
MELISSA DOUGHERTY
Attorney for potential claimant
Erica Cardenas
Villapudua & Somera, P.C.
2509 W. March Lane, Ste 200
Stockton, California 95207
[phone]
[e-mail]

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(Signature authorized by email)

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IT IS SO ORDERED.

21 Dated: January 13, 2023
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Stipulation and Order to Extend Time