United States of America v. Approximately $233,787.00 seized from Wells Fargo Bank Account Number 1010216755170 et al

Filing 13

STIPULATION and ORDER signed by Judge John A. Mendez on 7/10/15 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture is EXTENDED to 10/19/2015. (Manzer, C)

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4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 18 19 Plaintiff, v. 2:14-MC-00057-JAM-EFB STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $233,787.00 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 1010216755170, APPROXIMATELY $52,631.60 SEIZED FROM GOLDEN 1 CREDIT UNION ACCOUNT NUMBER 1202754, APPROXIMATELY $14,469.24 SEIZED FROM CALIFORNIA COMMUNITY CREDIT UNION ACCOUNT NUMBER 14240, 20 21 APPROXIMATELY $5,853.37 SEIZED FROM SCHOOLS FINANCIAL CREDIT UNION ACCOUNT NUMBER 30746521, 22 23 APPROXIMATELY $6,158.20 SEIZED FROM SCHOOLS FINANCIAL CREDIT UNION ACCOUNT NUMBER 30746520, and 24 25 APPROXIMATELY $28,696.00 IN U.S. CURRENCY, 26 Defendants. 27 28 1 Stipulation and Order to Extend Time 1 It is hereby stipulated by and between the United States of America and claimants Dale Garrett, 2 Debora Ann Garrett, Damien Anthony Diaz, and Gabriel Joseph Diaz (“claimants”), by and through their 3 respective counsel, as follows: 4 1. On or about January 24, 2014, claimants filed claims in the administrative forfeiture 5 proceeding with the Drug Enforcement Administration with respect to the Approximately $233,787.00 6 seized from Wells Fargo Bank Account Number 1010216755170, Approximately $52,631.60 seized 7 from Golden 1 Credit Union Account Number 1202754, Approximately $14,469.24 seized from 8 California Community Credit Union Account Number 14240, Approximately $5,853.37 seized from 9 Schools Financial Credit Union Account Number 30746521, Approximately $6,158.20 seized from 10 Schools Financial Credit Union Account Number 30746520, and Approximately $28,696.00 in U.S. 11 Currency (hereafter “defendant funds”), which were seized on or about October 8, 2013. 12 2. The Drug Enforcement Administration has sent the written notice of intent to forfeit 13 required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any 14 person to file a claim to the defendant funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other 15 than claimants has filed a claim to the defendant funds as required by law in the administrative forfeiture 16 proceeding. 17 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 18 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are 19 subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture 20 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties. 21 That deadline was April 24, 2014. 22 4. By Stipulation and Order filed May 16, 2014, the parties stipulated to extend to July 23, 23 2014, the time in which the United States is required to file a civil complaint for forfeiture against the 24 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 25 5. By Stipulation and Order filed July 22, 2014, the parties stipulated to extend to October 26 21, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the 27 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 28 6. By Stipulation and Order filed October 20, 2014, the parties stipulated to extend to 2 Stipulation and Order to Extend Time 1 January 20, 2015, the time in which the United States is required to file a civil complaint for forfeiture 2 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 3 forfeiture. 4 7. By Stipulation and Order filed January 16, 2015, the parties stipulated to extend to April 5 20, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the 6 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 7 8. By Stipulation and Order filed April 15, 2015, the parties stipulated to extend to July 20, 8 2015, the time in which the United States is required to file a civil complaint for forfeiture against the 9 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 10 9. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 11 to October 19, 2015, the time in which the United States is required to file a civil complaint for forfeiture 12 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 13 forfeiture. 14 10. Accordingly, the parties agree that the deadline by which the United States shall be 15 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment 16 alleging that the defendant funds are subject to forfeiture shall be extended to October 19, 2015. 17 Dated: 7/9/15 BENJAMIN B. WAGNER United States Attorney 18 19 By: 20 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 21 22 Dated: 7/9/15 23 24 /s/ Mark Reichel MARK REICHEL Attorney for claimants Dale Garrett, Debora Ann Garrett, Damien Anthony Diaz, and Gabriel Joseph Diaz (Authorized by email) 25 26 IT IS SO ORDERED. 27 Dated: 7/10/2015 28 /s/ John A. Mendez____________ JOHN A. MENDEZ United States District Court Judge 3 Stipulation and Order to Extend Time

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