USA v. Approx. $42,687.68,et al.,

Filing 20

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 1/7/2022 EXTENDING Time to 2/4/2022, for the United States to file a Complaint for Forfeiture and/or to Obtain an Indictment Alleging Forfeiture. (York, M)

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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 24 25 26 27 2:20-MC-00301-WBS-CKD Plaintiff, v. APPROXIMATELY $42,687.68 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 320-3742212, STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE APPROXIMATELY $1,840.42 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 517-7263489, APPROXIMATELY $629.84 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 532-7107099, APPROXIMATELY $143.04 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 530-4807349, APPROXIMATELY $50.08 SEIZED FROM WELLS FARGO BANK ACCOUNT NUMBER 333-4403940, AND APPROXIMATELY $16,566.00 IN U.S. CURRENCY, Defendants. It is hereby stipulated by and between the United States of America and potential claimants Pablo 28 Salcedo Jr. and Karina Salcedo (“claimants”), by and through their respective counsel, as follows: 1 Stipulation and Order to Extend Time 1 1. On or about September 16, 2020, claimants filed a claim in the administrative forfeiture 2 proceeding with the Federal Bureau of Investigation with respect to the Approximately $42,687.68 seized 3 from Wells Fargo Bank Account Number 320-3742212, Approximately $1,840.42 seized from Wells 4 Fargo Bank Account Number 517-7263489, Approximately $629.84 seized from Wells Fargo Bank 5 Account Number 532-7107099, Approximately $143.04 seized from Wells Fargo Bank Account Number 6 530-4807349, Approximately $50.08 seized from Wells Fargo Bank Account Number 333-4403940, and 7 Approximately $16,566.00 in U.S. Currency, (hereafter “defendant funds”), which were seized on or 8 about June 18, 2020. 9 2. The Federal Bureau of Investigation has sent the written notice of intent to forfeit required 10 by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a 11 claim to the defendant funds under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other than claimants has 12 filed a claim to the defendant funds as required by law in the administrative forfeiture proceeding. 13 3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for 14 forfeiture against the defendant funds and/or to obtain an indictment alleging that the defendant funds are 15 subject to forfeiture within ninety days after a claim has been filed in the administrative forfeiture 16 proceeding, unless the court extends the deadline for good cause shown or by agreement of the parties. 17 That deadline was December 15, 2020. 18 4. By Stipulation and Order filed December 15, 2020, the parties stipulated to extend to 19 February 12, 2021, the time in which the United States is required to file a civil complaint for forfeiture 20 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 21 forfeiture. 22 5. By Stipulation and Order filed February 16, 2021, the parties stipulated to extend to April 23 13, 2021, 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 6. By Stipulation and Order filed April 13, 2021, the parties stipulated to extend to June 11, 26 2021, 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 7. By Stipulation and Order filed June 11, 2021, the parties stipulated to extend to July 12, 2 Stipulation and Order to Extend Time 1 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 2 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 3 8. By Stipulation and Order filed July 13, 2021, the parties stipulated to extend to September 4 10, 2021, the time in which the United States is required to file a civil complaint for forfeiture against the 5 defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to forfeiture. 6 9. By Stipulation and Order filed September 10, 2021, the parties stipulated to extend to 7 October 8, 2021, the time in which the United States is required to file a civil complaint for forfeiture 8 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 9 forfeiture. 10 10. By Stipulation and Order filed October 8, 2021, the parties stipulated to extend to 11 November 8, 2021, 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 11. By Stipulation and Order filed November 9, 2021, the parties stipulated to extend to 15 December 8, 2021, the time in which the United States is required to file a civil complaint for forfeiture 16 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 17 forfeiture. 18 12. By Stipulation and Order filed December 9, 2021, the parties stipulated to extend to 19 January 7, 2022, the time in which the United States is required to file a civil complaint for forfeiture 20 against the defendant funds and/or to obtain an indictment alleging that the defendant funds are subject to 21 forfeiture. 22 13. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to further extend 23 to February 4, 2022, 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 /// 27 /// 28 /// 3 Stipulation and Order to Extend Time 1 14. Accordingly, the parties agree that the deadline by which the United States shall be 2 required to file a complaint for forfeiture against the defendant funds and/or to obtain an indictment 3 alleging that the defendant funds are subject to forfeiture shall be EXTENDED to February 4, 2022. 4 Dated: 1/6/2022 5 PHILLIP A. TALBERT United States Attorney By: 6 7 8 Dated: 1/6/2022 9 10 /s/ Kevin C. Khasigian KEVIN C. KHASIGIAN Assistant U.S. Attorney /s/ Melissa Dougherty MELISSA DOUGHERTY Attorney for potential claimants Pablo Salcedo Jr. and Karina Salcedo (Signature authorized by phone) 11 12 13 IT IS SO ORDERED. 14 Dated: January 7, 2022 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Stipulation and Order to Extend Time

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