Filed: Sep. 04, 2018
Latest Update: Sep. 04, 2018
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE WILLIAM B. SHUBB , District Judge . It is hereby stipulated by and between the United States of America and potential claimant David Leung, by and through their respective counsel, and potential claimant Haizhen Chen, appearing in propria persona (collectively as "claimants"), as follows: 1. On or about June 1, 2018, claimant Haizhen Chen filed a claim in the admi
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE WILLIAM B. SHUBB , District Judge . It is hereby stipulated by and between the United States of America and potential claimant David Leung, by and through their respective counsel, and potential claimant Haizhen Chen, appearing in propria persona (collectively as "claimants"), as follows: 1. On or about June 1, 2018, claimant Haizhen Chen filed a claim in the admin..
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
WILLIAM B. SHUBB, District Judge.
It is hereby stipulated by and between the United States of America and potential claimant David Leung, by and through their respective counsel, and potential claimant Haizhen Chen, appearing in propria persona (collectively as "claimants"), as follows:
1. On or about June 1, 2018, claimant Haizhen Chen filed a claim in the administrative forfeiture proceeding with the Drug Enforcement Administration ("DEA") with respect to $5,000.00 of the Approximately $110,000.00 in U.S. Currency (hereafter "defendant currency"), which was seized on March 9, 2018. On or about June 25, 2018, claimant David Leung filed a claim in the administrative forfeiture proceeding with the DEA with respect to the remaining $105,000.00 of the Approximately $110,000.00 in U.S. Currency.
2. The DEA 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 claimants, 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 is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline is August 30, 2018.
4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to November 28, 2018, the time in which the United States is required to file a civil complaint for forfeiture against the defendant currency and/or to obtain an indictment alleging that the defendant currency is subject to forfeiture.
5. Accordingly, the parties agree that 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 November 28, 2018.
IT IS SO ORDERED.
