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U.S. v. Approximately $55,100.00 in U.S. Currency, 2:18-MC-00099-TLN-DB. (2018)

Court: District Court, E.D. California Number: infdco20181002g13 Visitors: 13
Filed: Sep. 26, 2018
Latest Update: Sep. 26, 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 Heidi Phong ("claimant"), by and through their respective counsel, as follows: 1. On or about April 4, 2018, the Internal Revenue Service-Criminal Investigation ("IRS-CI") seized the Approximately $55,100.00 in U.S. Currency and Approximately
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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 Heidi Phong ("claimant"), by and through their respective counsel, as follows:

1. On or about April 4, 2018, the Internal Revenue Service-Criminal Investigation ("IRS-CI") seized the Approximately $55,100.00 in U.S. Currency and Approximately $12,276.00 in U.S. Currency (hereafter "defendant currency") pursuant to a Federal search warrant.

2. Under 18 U.S.C. §§ 983(a)(1)(A)(i)-(iv), and 983(a)(3)(A), the United States is required to send notice to potential claimants, file a complaint for forfeiture against the defendant currency, or obtain an indictment alleging that the defendant currency is subject to forfeiture within ninety days of seizure, unless the court extends the deadline for good cause shown or by agreement of the parties. That deadline was July 3, 2018.

3. By Stipulation and Order filed July 11, 2018, the parties stipulated to extend to October 1, 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.

4. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend to December 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 December 28, 2018.

IT IS SO ORDERED.

Source:  Leagle

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