USA v. Approximately $827.04 et al

Filing 14

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/23/2021 EXTENDING the time until 6/25/2021, to file a Complaint for Forfeiture and/or to Obtain an indictment alleging forfeiture. (Becknal, R)

4

PHILLIP A. TALBERT
Acting United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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
24
25
26
27

2:20-MC-00002-TLN-KJN

Plaintiff,

STIPULATION AND ORDER EXTENDING
TIME FOR FILING A COMPLAINT FOR
FORFEITURE AND/OR TO OBTAIN AN
INDICTMENT ALLEGING FORFEITURE

v.
APPROXIMATELY $827.04 SEIZED FROM
PAYPAL ACCOUNT ASSIGNED TO EMAIL
[e-mail],
APPROXIMATELY $8,975.10 SEIZED FROM
DISCOVER BANK ACCOUNT NUMBER
7016627348 IN THE NAME OF GABRIEL ALVA,
APPROXIMATELY $885.10 SEIZED FROM
ALLY BANK ACCOUNT NUMBER 1069206298
IN THE NAME OF CATHERINE STUCKEY,
APPROXIMATELY $4,984.84 SEIZED FROM
CITI BANK ACCOUNT NUMBER 42011053883
IN THE NAME OF CALIFITT, LLC,
APPROXIMATELY $8,686.40 SEIZED FROM
CITI BANK ACCOUNT NUMBER 206269441 IN
THE NAME OF CALIFITT, LLC, AND
APPROXIMATELY $445.98 SEIZED FROM
WELLS FARGO BANK ACCOUNT NUMBER
2018552089 IN THE NAME OF CATHERINE
STUCKEY,
Defendants.

28
1

Stipulation and Order to Extend Time

It is hereby stipulated by and between the United States of America and potential claimant

1

2 Gabriel Alva (“claimant”), by and through their respective counsel, as follows:
1.

3

On or about August 6, 7, 9, and 12, 2019, the Homeland Security Investigation (“HSI”)

4 seized the above-referenced defendant funds pursuant to Federal seizure warrants (hereafter collectively
1
5 “defendant funds”) .

2.

6

Under 18 U.S.C. §§ 983(a)(1)(A)(i)-(iv), and 983(a)(3)(A), the United States is required to

7 send notice to potential claimants, file a complaint for forfeiture against the defendant funds, or obtain an
8 indictment alleging that the defendant funds are subject to forfeiture within one hundred and fifty days of
9 seizure, unless the court extends the deadline for good cause shown or by agreement of the parties. That
10 deadline was January 3, 2020.
3.

11

By Stipulation and Order filed January 6, 2020, the parties stipulated to extend to March

12 3, 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
13 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
4.

14

By Stipulation and Order filed March 3, 2020, the parties stipulated to extend to June 1,

15 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
16 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
5.

17

By Stipulation and Order filed May 27, 2020, the parties stipulated to extend to July 31,

18 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
19 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
6.

20

By Stipulation and Order filed July 21, 2020, the parties stipulated to extend to October

21 29, 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
22 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
7.

23

By Stipulation and Order filed October 29, 2020, the parties stipulated to extend to

24 January 27, 2021, the time in which the United States is required to file a civil complaint for forfeiture
25 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
26 forfeiture.
27
28

1

The United States has decided not to file against the Approximately $885.10 seized from Ally Bank Account Number
1069206298 in the name of Catherine Stuckey and Approximately $445.98 seized from Wells Fargo Bank Account Number
2018552089 in the name of Catherine Stuckey identified in the caption.

2

Stipulation and Order to Extend Time

1

8.

By Stipulation and Order filed January 21, 2021, the parties stipulated to extend to April

2 27, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
3 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture.
4

9.

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

5 to June 25, 2021, the time in which the United States is required to file a civil complaint for forfeiture
6 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to
7 forfeiture.
8

10.

Accordingly, the parties agree that the deadline by which the United States shall be

9 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment
10 alleging that the defendant funds are subject to forfeiture shall be extended to June 25, 2021.
11 Dated: 4/22/2021
12

PHILLIP A. TALBERT
Acting United States Attorney
By:

13
14
15 Dated: 4/23/2021
16
17

/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
/s/ Stephen Kahn_______
_
STEPHEN KAHN
Attorney for potential claimant
Gabriel Alva
(Signature authorized by email)

18
19
20

IT IS SO ORDERED.

21 Dated: April 23, 2021
22

Troy L. Nunley
United States District Judge

23
24
25
26
27
28
3

Stipulation and Order to Extend Time