United States of America v. Approximately $86,386.34 in U.S. Currency seized from Wells Fargo Bank Account Number 837-8529088 et al
Filing
21
STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 1/5/2015 ORDERING the United States to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture by 4/6/2015. (Michel, G)
<![CDATA[
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
4 Telephone: (916) 554-2700
5 Attorneys for the United States
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7
8
IN THE UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
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11
UNITED STATES OF AMERICA,
Plaintiff,
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2:12-MC-00084-MCE-CKD
v.
APPROXIMATELY $86,386.34 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 8378529088,
STIPULATION AND ORDER
EXTENDING TIME FOR FILING
A COMPLAINT FOR FORFEITURE
AND/OR TO OBTAIN AN
INDICTMENT ALLEGING
FORFEITURE
APPROXIMATELY $75,799.17 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 2374897144,
APPROXIMATELY $12,487.89 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 8377300564,
APPROXIMATELY $40,000.00 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 8402798287,
APPROXIMATELY $4,779.21 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 8377299931,
APPROXIMATELY $22,560.00 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 5229480073,
1
Stipulation for Extension of Time
to File Complaint for Forfeiture
1
2
3
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APPROXIMATELY $16,300.00 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 6887162441,
APPROXIMATELY $2,315.48 IN U.S.
CURRENCY SEIZED FROM WELLS
FARGO BANK ACCOUNT NUMBER 8377300341,
APPROXIMATELY $6,705.79 IN U.S.
CURRENCY SEIZED FROM U.S. BANK
ACCOUNT NUMBER 1-534-6593-5705,
APPROXIMATELY $23,437.76 IN U.S.
CURRENCY SEIZED FROM U.S. BANK
ACCOUNT NUMBER 1-534-9727-8140,
APPROXIMATELY $8,270.00 IN U.S.
CURRENCY,
APPROXIMATELY $12,290.00 IN U.S.
CURRENCY,
APPROXIMATELY $7,874.00 IN U.S.
CURRENCY,
APPROXIMATELY $9,600.00 IN U.S.
CURRENCY,
APPROXIMATELY $41,820.00 IN U.S.
CURRENCY,
APPROXIMATELY $4,980.00 IN U.S.
CURRENCY,
APPROXIMATELY $22,057.00 IN U.S.
CURRENCY,
APPROXIMATELY $57,642.00 IN U.S.
CURRENCY,
ASSORTED JEWELRY VALUED AT
$178,675.00,
ASSORTED JEWELRY VALUED AT
$32,000.00,
2010 HARLEY DAVIDSON ROAD GLIDE
TOURING MOTORCYCLE, VIN:
1HD1KH43XAB656597, CALIFORNIA
LICENSE: 20J4782,
2010 HARLEY DAVIDSON ROAD GLIDE
TOURING MOTORCYCLE, VIN:
2
Stipulation for Extension of Time
to File Complaint for Forfeiture
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
1HD1KH43XAB645194, CALIFORNIA
LICENSE: 20E7868,
2011 HARLEY DAVIDSON ROAD GLIDE
TOURING MOTORCYCLE, VIN:
1HD1KH435BB605168, CALIFORNIA
LICENSE: 20M0719,
2011 HARLEY DAVIDSON ROAD GLIDE
TOURING MOTORCYCLE, VIN:
1HD1KH431BB627068, CALIFORNIA
LICENSE: 20M5789,
2003 HARLEY DAVIDSON FXDXT
MOTORCYCLE, VIN:
1HD1GLV153K315113, CALIFORNIA
LICENSE: 18E3564,
2009 MERCEDES BENZ S550, VIN:
WDDNG71XX9A272641, CALIFORNIA
LICENSE: 6TFD622,
2009 LAND ROVER RANGE ROVER, VIN:
SALSH23469A210503, CALIFORNIA
LICENSE: 6HXA254,
2010 GMC SAVANA CONVERSION VAN
EXPLORER, VIN: 1GDZGMBG3A1138479,
CALIFORNIA LICENSE: 6KTW397,
2012 ELIMINATOR SPEEDSTER BOAT,
VIN: ELBA0131G112, CALIFORNIA
VESSEL NUMBER: CF0818RR,
2012 EXTREME CARRIER TRAILER, VIN:
5DBUP28381R000028, CALIFORNIA
LICENSE: 4LU8888,
2008 NORDIC 28-FOOT POWER BOAT
WITH 2004 TRAILER, VIN: NDC86722G708,
CALIFORNIA VESSEL NUMBER:
CF5317RN,
2007 TRACKER TARGA 17 SPORT BOAT
WITH 2004 TRAILER, VIN: BUJ64228C707,
CALIFORNIA VESSEL NUMBER:
CF3895RN,
SIG SAUER MOSQUITO 22 CALIBER
SEMI-AUTOMATIC HANDGUN, SERIAL
NUMBER: F011198,
GLOCK 45 CALIBER, MODEL 21
HANDGUN, SERIAL NUMBER: MRX665,
WITH AMMUNITION,
3
Stipulation for Extension of Time
to File Complaint for Forfeiture
1
2
3
4
5
6
GLOCK 40 CALIBER, MODEL 23 SEMIAUTOMATIC HANDGUN, SERIAL
NUMBER: GDZ776, WITH AMMUNITION,
SMITH AND WESSON, MODEL AR-15
RIFLE, SERIAL NUMBER: 97540, WITH
AMMUNITION, AND
2008 FORD F-350 CREW CAB TRUCK, VIN:
1FTWW31R88EA64972, CALIFORNIA
LICENSE: 8N24680,
Defendants.
7
8
It is hereby stipulated by and between the United States of America and Claimants
9 Steven Ortega, Sr., Steven Ortega, Jr., Anthony Winters, Richard Serrell, Steven M.
10 Adgate, Andrea Vickery, Joseph and Karin Mirante, Justin McMillan, Jason Siegfried,
11 Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and through their
12 respective attorneys, and Thomas and Denise Hohn, in propria persona ("Claimants"), as
13 follows:
14
1. The following table details the claimant, assets, dates in which claims were filed
15 in the administrative forfeiture proceedings with either the Internal Revenue Service –
16 Criminal Investigation (“IRS-CI”) or the U.S. Drug Enforcement Administration (“DEA”)
17 and the dates the defendant assets were seized:
18
19
20
21
22
Claimant
Anthony Winters
Steven and Marla Ortega
Anthony Winters
23
24
25
26
27
Steven and Marla Ortega
Anthony Winters
Steven and Marla Ortega
Asset
Approximately
$86,386.34 in USC seized
from Wells Fargo Bank
Approximately
$86,386.34 in USC seized
from Wells Fargo Bank
Approximately
$75,799.17 in USC seized
from Wells Fargo Bank
Approximately
$75,799.17 in USC seized
from Wells Fargo Bank
Approximately
$12,487.89 in USC seized
from Wells Fargo Bank
Approximately
$12,487.89 in USC seized
from Wells Fargo Bank
Claim
Rec’d
7/30/2012
Complaint
Due
10/28/2012
Agency
Date Seized
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
7/30/2012
10/28/2012
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
7/30/2012
10/28/2012
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
28
29
4
Stipulation for Extension of Time
to File Complaint for Forfeiture
1
Claimant
Steven and Marla Ortega
2
3
4
Steven and Marla Ortega
Steven and Marla Ortega
5
6
7
8
Steven and Marla Ortega
Steven and Marla Ortega
Steven Ortega, Jr.
9
10
11
12
13
14
15
Anthony Winters
Anthony Winters
Steven and Marla Ortega
Steven and Marla Ortega
Richard Serrell
Steven Ortega, Jr.
Steven and Marla Ortega
16
Steven and Marla Ortega
17
Steven and Marla Ortega
18
Richard Serrell
19
Andrea Vickery
20
Steven Ortega, Jr.
21
Steven and Marla Ortega
22
23
24
25
26
Thomas and Denise
Hohn
Steven and Marla Ortega
Joseph and Karin
Mirante
Steven Ortega, Jr.
27
28
29
Steven Ortega, Jr.
Asset
Approximately
$22.560.00 in USC seized
from Wells Fargo Bank
Approximately
$16,300.00 in USC seized
from Wells Fargo Bank
Approximately $2,315.48
in USC seized from Wells
Fargo Bank
Approximately $6,705.79
in USC seized from US
Bank
Approximately
$23,437.76 in USC seized
from US Bank
Approximately
$23,437.76 in USC seized
from US Bank
Approximately $8,270.00
in USC
Approximately
$12,290.00 in USC
Approximately
$12,290.00 in USC
Approximately $7,874.00
in USC
Approximately $9,600.00
in USC
Approximately
$41,820.00 in USC
Approximately $4,980.00
in USC
Approximately
$22,057.00 in USC
Approximately
$57,642.00 in USC
Assorted Jewelry Valued
at $178,675.00
Assorted Jewelry Valued
at $32,000.00
Assorted Jewelry Valued
at $32,000.00
2010 Harley Davidson
Road Glide Touring
Motorcycle, 6597
2010 Harley Davidson
Road Glide Touring
Motorcycle, 6597
2010 Harley Davidson
Road Glide Touring
Motorcycle, 5194
2010 Harley Davidson
Road Glide Touring
Motorcycle, 5194
2011 Harley Davidson
Road Glide Touring
Motorcycle, 5168
2011 Harley Davidson
Road Glide Touring
Claim
Filed
8/06/2012
Complaint
Due
11/04/2012
Agency
Date Seized
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
8/06/2012
11/04/2012
IRS-CI
5/16/2012
8/07/2012
11/05/2012
IRS-CI
5/16/2012
7/30/2012
10/28/2012
DEA
5/16/2012
7/30/2012
10/28/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/02/2012
10/31/2012
DEA
5/16/2012
8/03/2012
11/01/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/02/2012
10/31/2012
DEA
5/16/2012
8/17/2012
11/15/2012
DEA
5/16/2012
8/03/2012
11/01/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/16/2012
11/14/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/08/2012
11/06/2012
DEA
5/16/2012
11/01/2012
DEA
5/16/2012
11/01/2012
DEA
5/16/2012
8/03/2012
8/03/2012
5
Stipulation for Extension of Time
to File Complaint for Forfeiture
1
2
3
4
5
6
7
8
Claimant
Joseph and Karin
Mirante
Derek Winters
Richard Serrell
Steven Ortega, Jr.
Steven Adgate
Steven Ortega, Jr.
Steven Adgate
Richard Serrell
9
10
11
Derek Winters
Steven and Marla Ortega
12
13
Justin McMillian
Jason Siegfried
14
15
16
17
Ashley Owles
2009 Mercedes Benz
S550
2009 Land Rover Range
Rover
2010 GMC Savana
Conversion Van Explorer
2012 Eliminator
Speedster Boat
2012 Eliminator
Speedster Boat
2012 Extreme Carrier
Trailer
2012 Extreme Carrier
Trailer
2008 Nordic 28-Foot
Power Boat with 2004
Trailer
2007 Tracker Targa 17
Sport Boat with 2004
Trailer
Sig Sauer Mosquito 22
Caliber Semi-Automatic
handgun
Glock 45 Caliber, Model
21 Handgun
Glock 40 Caliber, Model
23 Semi-Automatic
Handgun
Glock 40 Caliber, Model
23 Semi-Automatic
Handgun
Claim
Filed
8/08/2012
Complaint
Due
11/06/2012
Agency
Date Seized
DEA
5/16/2012
8/02/2012
1031/2012
DEA
5/16/2012
8/02/2012
10/31/2012
DEA
5/16/2012
8/03/2012
11/01/2012
DEA
5/16/2012
8/15/2012
11/13/2012
DEA
5/16/2012
8/03/2012
11/01/2012
DEA
5/16/2012
8/15/2012
11/13/2012
DEA
5/16/2012
8/02/2012
10/31/2012
DEA
5/16/2012
8/02/2012
1031/2012
DEA
5/16/2012
8/06/2012
11/04/2012
DEA
5/16/2012
8/13/2012
11/11/2012
DEA
5/16/2012
8/15/2012
11/13/2012
DEA
5/16/2012
8/15/2012
11/13/2012
DEA
5/16/2012
Justin McMillian
Smith & Wesson, Model
AR-15 Rifle
8/13/2012
11/11/2012
DEA
5/16/2012
Anthony Giarrusso
2008 Ford F-350 Crew
Cab Truck
10/15/2012
1/13/2013
DEA
5/16/2012
18
19
Motorcycle, 7068
Asset
2.
The Internal Revenue Service – Criminal Investigation and the U.S. Drug
20 Enforcement Administration have sent written notice of the intent to forfeit required by
21 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any
22 person to file a claim to the defendant assets under 18 U.S.C. § 983(a)(2)(A) (E), and no
23 person other than Claimants have filed a claim to the defendant assets as required by law
24 in the administrative forfeiture proceeding.
25
3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint
26 for forfeiture against the defendant assets and/or to obtain an indictment alleging that
27 the defendant assets are subject to forfeiture within ninety days after a claim has been
28 filed in the administrative forfeiture proceedings, unless the court extends the deadline
6
Stipulation for Extension of Time
29
to File Complaint for Forfeiture
1 for good cause shown or by agreement of the parties. The deadlines for each of the
2 defendant assets are listed above, with the earliest date of October 28, 2012.
3
4.
By Stipulation and Order filed October 18, 2012, the parties stipulated to
4 extend to January 25, 2013, the time in which the United States is required to file a civil
5 complaint for forfeiture against the defendant assets and/or to obtain an indictment
6 alleging that the defendant assets are subject to forfeiture.
7
5.
By Stipulation and Order filed January 15, 2013, the parties stipulated to
8 extend to April 12, 2013, the time in which the United States is required to file a civil
9 complaint for forfeiture against the defendant assets and/or to obtain an indictment
10 alleging that the defendant assets are subject to forfeiture.
11
6.
By Stipulation and Order filed April 15, 2013, the parties stipulated to
12 extend to July 12, 2013, the time in which the United States is required to file a civil
13 complaint for forfeiture against the defendant assets and/or to obtain an indictment
14 alleging that the defendant assets are subject to forfeiture.
15
7.
By Stipulation and Order filed July 12, 2013, the parties stipulated to
16 extend to October 11, 2013, the time in which the United States is required to file a civil
17 complaint for forfeiture against the defendant assets and/or to obtain an indictment
18 alleging that the defendant assets are subject to forfeiture.
19
8.
By Stipulation and Order filed October 11, 2013, the parties stipulated to
20 extend to January 9, 2014, the time in which the United States is required to file a civil
21 complaint for forfeiture against the defendant assets and/or to obtain an indictment
22 alleging that the defendant assets are subject to forfeiture.
23
9.
By Stipulation and Order filed January 7, 2014, the parties stipulated to
24 extend to April 9, 2014, the time in which the United States is required to file a civil
25 complaint for forfeiture against the defendant assets and/or to obtain an indictment
26 alleging that the defendant assets are subject to forfeiture.
27
10.
By Stipulation and Order filed April 11, 2014, the parties stipulated to
28 extend to July 8, 2014, the time in which the United States is required to file a civil
7
Stipulation for Extension of Time
29
to File Complaint for Forfeiture
1 complaint for forfeiture against the defendant assets and/or to obtain an indictment
2 alleging that the defendant assets are subject to forfeiture.
3
11.
By Stipulation and Order filed July 22, 2014, the parties stipulated to
4 extend to October 6, 2014, the time in which the United States is required to file a civil
5 complaint for forfeiture against the defendant assets and/or to obtain an indictment
6 alleging that the defendant assets are subject to forfeiture.
7
12.
By Stipulation and Order filed October 7, 2014, the parties stipulated to
8 extend to January 5, 2015, the time in which the United States is required to file a civil
9 complaint for forfeiture against the defendant assets and/or to obtain an indictment
10 alleging that the defendant assets are subject to forfeiture.
11
13.
As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to
12 extend to April 6, 2015, the time in which the United States is required to file a civil
13 complaint for forfeiture against the defendant assets and/or to obtain an indictment
14 alleging that the defendant assets are subject to forfeiture.
15
14.
Accordingly, the parties agree that the deadline by which the United States
16 shall be required to file a complaint for forfeiture against the defendant assets and/or to
17 obtain an indictment alleging that the defendant assets are subject to forfeiture shall be
18 extended to April 6, 2015.
19 DATE: 12/31/2014
BENJAMIN B. WAGNER
United States Attorney
20
By:
21
22
23
24
DATE: 12/31/2014
/s/ Carolyn M. Hagin
CAROLYN M. HAGIN
Attorney for Claimant Anthony Winters
(Authorized via email)
DATE: 12/19/2014
/s/ Benjamin D. Galloway
BENJAMIN D. GALLOWAY
Attorney for Claimant Steven Ortega, Sr.
(Authorized via email)
8
25
26
27
28
29
/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
Stipulation for Extension of Time
to File Complaint for Forfeiture
1
2
DATE: 12/21/2014
/s/ Darryl Stallworth
DARRYL STALLWORTH
Attorney for Claimant Richard Serrell
(Authorized via email)
DATE: 12/30/2014
/s/ William J. Portanova
WILLIAM J. PORTANOVA
Attorney for Claimant Steven Adgate
(Authorized via email)
DATE: 12/19/2014
/s/ Scott A. Sugarman
SCOTT A. SUGARMAN
Attorney for Claimants
Joseph and Karin Mirante
(Authorized via email)
DATE: 12/20/14
/s/ Randy Sue Pollock
RANDY SUE POLLOCK
Attorney for Claimant Steven Ortega, Jr.
(Signature retained by attorney)
DATE: 12/20/14
/s/ Randy Sue Pollock
RANDY SUE POLLOCK
Attorney for Claimant Andrea Vickery
(Signature retained by attorney)
DATE: 12/31/2014
/s/ Russell S. Humphrey
RUSSELL S. HUMPHREY
Attorney for Claimant Derek Winters
(Authorized via email)
DATE: 1/2/2015
/s/ James R. Greiner
JAMES R. GREINER
Attorney for Claimants
Jason Siegfried and Ashley Owles
(Authorized via email)
DATE: 12/23/2014
/s/ Scott N. Cameron
SCOTT N. CAMERON
Attorney for Claimant Justin McMillian
(Authorized via email)
DATE: 12/19/2014
/s/ Hayes H. Gable III
HAYES H. GABLE III
Attorney for Claimant Anthony Giarrusso
(Authorized via email)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
9
Stipulation for Extension of Time
to File Complaint for Forfeiture
1 DATE: 12/31/2014
2
3
4 DATE: 12/22/2014
5
6
7 DATE: 12/22/2014
8
9
10
/s/ Shari Rusk
SHARI RUSK
Attorney for Claimant Marla Ortega
(Authorized via email)
/s/ Thomas Hohn
THOMAS HOHN
Claimant, Appearing in propria persona
(Authorized via email)
/s/ Denise Hohn
DENISE HOHN
Claimant, Appearing in propria persona
(Authorized via email)
IT IS SO ORDERED.
11 Dated: January 5, 2015
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15
16
17
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21
22
23
24
25
26
27
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10
Stipulation for Extension of Time
to File Complaint for Forfeiture
]]>
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