United States of America v. Approximately $26,973.00 in U.S. Currency
Filing
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STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 11/3/11: 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 shall be extended to February 14, 2012. (Kaminski, H)
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1 BENJAMIN B. WAGNER
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U.S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
(916) 554-2700
4 Telephone:
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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11 UNITED STATES OF AMERICA,
Plaintiff,
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v.
14 APPROXIMATELY 26,973.00 IN
U.S. CURRENCY,
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Defendant.
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2:11-MC-00086-KJM-DAD
STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE
It is hereby stipulated by and between the United States of
18 America and claimant Ngek You ("claimant"), by and through their
19 respective counsel, as follows:
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1.
On or about August 17, 2011, claimant Ngek You filed a
21 claim, in the administrative forfeiture proceedings, with the
22 Department of Homeland Security (U.S. Customs and Border
23 Protection) with respect to the approximately $26,973.00 (hereafter
24 the "defendant currency"), which was seized on May 18, 2011.
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2.
The Department of Homeland Security has sent the written
26 notice of intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to
27 all known interested parties.
The time has expired for any person
28 to file a claim to the defendant currency under 18 U.S.C. §
1
Stipulation and Order to Extend Time
1 983(a)(2)(A)-(E), and no person other than the claimant has filed a
2 claim to the defendant currency as required by law in the
3 administrative forfeiture proceeding.
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3.
Under 18 U.S.C. § 983(a)(3)(A), the United States is
5 required to file a complaint for forfeiture against the defendant
6 currency and/or to obtain an indictment alleging that the defendant
7 currency is subject to forfeiture within ninety days after a claim
8 has been filed in the administrative forfeiture proceedings, unless
9 the court extends the deadline for good cause shown or by agreement
10 of the parties.
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4.
That deadline is currently November 16, 2011.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish
12 by agreement to extend to February 14, 2012, the time in which the
13 United States is required to file a civil complaint for forfeiture
14 against the defendant currency and/or to obtain an indictment
15 alleging that the defendant currency is subject to forfeiture.
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Stipulation and Order to Extend Time
1
5.
Accordingly, the parties agree that the deadline by which
2 the United States shall be required to file a complaint for
3 forfeiture against the defendant currency and/or to obtain an
4 indictment alleging that the defendant currency is subject to
5 forfeiture shall be extended to February 14, 2012.
6
7
BENJAMIN B. WAGNER
United States Attorney
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9 DATE: 10/31/2011
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
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12 DATE: 10/31/2011
/s/ Jose R. Valdez
JOSE R. VALDEZ
Attorney for Claimant Ngek You
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(Original signatures retained by
attorney)
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IT IS SO ORDERED.
17 DATE: November 3, 2011.
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UNITED STATES DISTRICT JUDGE
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Stipulation and Order to Extend Time
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