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U.S. v. Approximately $4,850.00 in U.S. Currency, 2:18-MC-00131-TLN-KJN. (2018)

Court: District Court, E.D. California Number: infdco20180924789 Visitors: 5
Filed: Sep. 21, 2018
Latest Update: Sep. 21, 2018
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE TROY L. NUNLEY , District Judge . It is hereby stipulated by and between the United States of America and potential claimant Mei Zhao ("Zhao"), by and through their respective counsel, as follows: 1. On or about June 7, 2018, claimant Zhao filed a claim in the administrative forfeiture proceedings with the Federal Bureau of Investigation ("FBI") with respect to the
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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 America and potential claimant Mei Zhao ("Zhao"), by and through their respective counsel, as follows:

1. On or about June 7, 2018, claimant Zhao filed a claim in the administrative forfeiture proceedings with the Federal Bureau of Investigation ("FBI") with respect to the Approximately $4,850.00 in U.S. Currency (hereafter "defendant currency"), which was seized on April 3, 2018.

2. The FBI 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 is subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture proceedings, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline was September 5, 2018.

4. By Stipulation and Order filed September 11, 2018, the parties stipulated to extend to September 19, 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to October 19, 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.

6. 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 October 19, 2018.

IT IS SO ORDERED.

Source:  Leagle

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