USA v. Approximately $331,956.60 seized from Charles Schwab Account et al.

Filing 8

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/13/17 ORDERING the parties agree 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 shall be extended to April 17, 2017. (Becknal, R)

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4 PHILLIP A. TALBERT 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 20 21 22 23 Plaintiff, v. 2:16-MC-00077-TLN-AC STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $331,956.60 SEIZED FROM CHARLES SCHWAB ACCOUNT NUMBER 1213-6532, APPROXIMATELY $50,660.10 SEIZED FROM VANGUARD ACCOUNT NUMBER 0540-88079073938, APPROXIMATELY $7,167.31 SEIZED FROM VANGUARD ACCOUNT NUMBER 0040-88063595422, APPROXIMATELY $1,844.15 SEIZED FROM VANGUARD ACCOUNT NUMBER 0040-88060247883, APPROXIMATELY $15,368.53 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 5763134987, HELD IN THE NAME OF PAUL A. FOURNIER, 24 25 APPROXIMATELY $3,375.09 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 5917189986, 26 27 APPROXIMATELY $8,817.73 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 9894553933, 28 29 30 1 Stipulation and Order to Extend Time 1 2 3 APPROXIMATELY $9,724.22 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 1483149173, AND 4 APPROXIMATELY $2,970.36 SEIZED FROM BANK OF AMERICA ACCOUNT NUMBER 457024979427, 5 Defendants. 6 7 It is hereby stipulated by and between the United States of America and potential claimant Paul 8 A. Fournier (“claimant”), in propria persona, as follows: 9 1. On or about February 22, 2016, the Federal Bureau of Investigation seized the above- 10 referenced defendant funds pursuant to Federal seizure warrants. 11 2. Under 18 U.S.C. §§ 983(a)(1)(A)(i)-(iii), and 983(a)(3)(A), the United States is required to 12 send notice to potential claimants, file a complaint for forfeiture against the defendant funds, or obtain an 13 indictment alleging that the defendant funds are subject to forfeiture within sixty days of seizure, unless 14 the court extends the deadline for good cause shown or by agreement of the parties. That deadline was 15 April 22, 2016. 16 3. By Stipulation and Order filed May 11, 2016, the parties stipulated to extend to July 21, 17 2016, the time in which the United States is required to file a civil complaint for forfeiture against the 18 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 19 4. By Stipulation and Order filed July 22, 2016, the parties stipulated to extend to October 20 19, 2016, the time in which the United States is required to file a civil complaint for forfeiture against the 21 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 22 5. By Stipulation and Order filed October 21, 2016, the parties stipulated to extend to 23 January 17, 2017, the time in which the United States is required to file a civil complaint for forfeiture 24 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 25 forfeiture 26 6. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 27 to April 17, 2017, the time in which the United States is required to file a civil complaint for forfeiture 28 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 2 Stipulation and Order to Extend Time 29 30 1 forfeiture. 2 7. Accordingly, the parties agree that the deadline by which the United States shall be 3 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment 4 alleging that the defendant funds are subject to forfeiture shall be extended to April 17, 2017. 5 6 Dated: 1/13/17 PHILLIP A. TALBERT United States Attorney 7 8 By: 9 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney 10 11 Dated: 1/12/17 12 /s/ Paul A. Fournier PAUL A. FOURNIER Potential Claimant appearing in propria persona 13 (Signature retained by attorney) 14 15 16 IT IS SO ORDERED. 17 Dated: January 13, 2017 18 19 Troy L. Nunley United States District Judge 20 21 22 23 24 25 26 27 28 29 30 3 Stipulation and Order to Extend Time

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