Filed: Jan. 05, 2015
Latest Update: Jan. 05, 2015
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING COMPLAINT FOR FORFEITURE. AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE MORRISON C. ENGLAND, Jr., Chief District Judge. It is hereby stipulated by and between the United States of America and Claimants Steven Ortega, Sr., Steven Ortega, Jr., Anthony Winters, Richard Serrell, Steven M. Adgate, Andrea Vickery, Joseph and Karin Mirante, Justin McMillan, Jason Siegfried, Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and thr
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING COMPLAINT FOR FORFEITURE. AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE MORRISON C. ENGLAND, Jr., Chief District Judge. It is hereby stipulated by and between the United States of America and Claimants Steven Ortega, Sr., Steven Ortega, Jr., Anthony Winters, Richard Serrell, Steven M. Adgate, Andrea Vickery, Joseph and Karin Mirante, Justin McMillan, Jason Siegfried, Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and thro..
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STIPULATION AND ORDER EXTENDING TIME FOR FILING COMPLAINT FOR FORFEITURE. AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE
MORRISON C. ENGLAND, Jr., Chief District Judge.
It is hereby stipulated by and between the United States of America and Claimants Steven Ortega, Sr., Steven Ortega, Jr., Anthony Winters, Richard Serrell, Steven M. Adgate, Andrea Vickery, Joseph and Karin Mirante, Justin McMillan, Jason Siegfried, Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and through their respective attorneys, and Thomas and Denise Hohn, in propria persona ("Claimants"), as follows:
1. The following table details the claimant, assets, dates in which claims were filed in the administrative forfeiture proceedings with either the Internal Revenue Service — Criminal Investigation ("IRS-CI") or the U.S. Drug Enforcement Administration ("DEA") and the dates the defendant assets were seized:
Claimant Asset Claim Complaint Agency Date Seized
Rec'd Due
Anthony Winters Approximately 7/30/2012 10/28/2012 IRS-CI 5/16/2012
$86,386.34 in USC seized
from Wells Fargo Bank
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012
$86,386.34 in USC seized
from Wells Fargo Bank
Anthony Winters Approximately 7/30/2012 10/28/2012 IRS-CI 5/16/2012
$75,799.17 in USC seized
from Wells Fargo Bank
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012
$75,799.17 in USC seized
from Wells Fargo Bank
Anthony Winters Approximately 7/30/2012 10/28/2012 IRS-CI 5/16/2012
$12,487.89 in USC seized
from Wells Fargo Bank
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012
$12,487.89 in USC seized
from Wells Fargo Bank
Steven and Marla Ortega Appproximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012
$22.560.00 in USC seized
from Wells Fargo Bank
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012
$16,300.00 in USC seized
from Wells Fargo Bank
Steven and Marla Ortega Approximately $2,315.48 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $6,705.79 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from US
Bank
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 IRS-CI 5/16/2012
$23,437.76 in USC seized
from US Bank
Steven Ortega, Jr. Approximately 8/07/2012 11/05/2012 IRS-CI 5/16/2012
$23,437.76 in USC seized
from US Bank
Anthony Winters Approximately $8,270.00 7/30/2012 10/28/2012 DEA 5/16/2012
in USC
Anthony Winters Approximately 7/30/2012 10/28/2012 DEA 5/16/2012
$12,290.00 in USC
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 DEA 5/16/2012
$12,290.00 in USC
Steven and Marla Ortega Approximately $7,874.00 8/06/2012 11/04/2012 DEA 5/16/2012
in USC
Richard Serrell Approximately $9,600.00 8/02/2012 10/31/2012 DEA 5/16/2012
in USC
Steven Ortega, Jr. Approximately 8/03/2012 11/01/2012 DEA 5/16/2012
$41,820.00 in USC
Steven and Marla Ortega Approximately $4,980.00 8/06/2012 11/04/2012 DEA 5/16/2012
in USC
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 DEA 5/16/2012
$22,057.00 in USC
Steven and Marla Ortega Approximately 8/06/2012 11/04/2012 DEA 5/16/2012
$57,642.00 in USC
Richard Serrell Assorted Jewelry Valued 8/02/2012 10/31/2012 DEA 5/16/2012
at $178,675.00
Andrea Vickery Assorted Jewelry Valued 8/17/2012 11/15/2012 DEA 5/16/2012
at $32,000.00
Steven Ortega, Jr. Assorted Jewelry Valued 8/03/2012 11/01/2012 DEA 5/16/2012
at $32,000.00
Steven and Marla Ortega 2010 Harley Davidson 8/06/2012 11/04/2012 DEA 5/16/2012
Road Glide Touring
Motorcycle, 6597
Thomas and Denise 2010 Harley Davidson 8/16/2012 11/14/2012 DEA 5/16/2012
Hohn Road Glide Touring
Motorcycle, 6597
Steven and Marla Ortega 2010 Harley Davidson 8/06/2012 11/04/2012 DEA 5/16/2012
Road Glide Touring
Motorcycle, 5194
Joseph and Karin 2010 Harley Davidson 8/08/2012 11/06/2012 DEA 5/16/2012
Mirante Road Glide Touring
Motorcycle, 5194
Steven Ortega, Jr. 2011 Harley Davidson 8/03/2012 11/01/2012 DEA 5/16/2012
Road Glide Touring
Motorcycle, 5168
Steven Ortega, Jr. 2011 Harley Davidson 8/03/2012 11/01/2012 DEA 5/16/2012
Road Glide Touring
Motorcycle, 7068
Joseph and Karin 2009 Mercedes Benz 8/08/2012 11/06/2012 DEA 5/16/2012
Mirante S550
Derek Winters 2009 Land Rover Range 8/02/2012 10/31/2012 DEA 5/16/2012
Rover
Richard Serrell 2010 GMC Savana 8/02/2012 10/31/2012 DEA 5/16/2012
Conversion Van Explorer
Steven Ortega, Jr. 2012 Eliminator 8/03/2012 11/01/2012 DEA 5/16/2012
Speedster Boat
Steven Adgate 2012 Eliminator 8/15/2012 11/13/2012 DEA 5/16/2012
Speedster Boat
Steven Ortega, Jr. 2012 Extreme Carrier 8/03/2012 11/01/2012 DEA 5/16/2012
Trailer
Steven Adgate 2012 Extreme Carrier 8/15/2012 11/13/2012 DEA 5/16/2012
Trailer
Richard Serrell 2008 Nordic 28-Foot 8/02/2012 10/31/2012 DEA 5/16/2012
Power Boat with 2004
Trailer
Derek Winters 2007 Tracker Targa 17 8/02/2012 10/31/2012 DEA 5/16/2012
Sport Boat with 2004
Trailer
Steven and Marla Ortega Sig Sauer Mosquito 22 8/06/2012 11/04/2012 DEA 5/16/2012
Caliber Semi-Automatic
handgun
Justin McMillian Glock 45 Caliber, Model 8/13/2012 11/11/2012 DEA 5/16/2012
21 Handgun
Jason Siegfried Glock 40 Caliber, Model 8/15/2012 11/13/2012 DEA 5/16/2012
23 Semi-Automatic
Handgun
Ashley Owles Glock 40 Caliber, Model 8/15/2012 11/13/2012 DEA 5/16/2012
23 Semi-Automatic
Handgun
Justin McMillian Smith & Wesson, Model 8/13/2012 11/11/2012 DEA 5/16/2012
AR-15 Rifle
Anthony Giarrusso 2008 Ford F-350 Crew 10/15/2012 1/13/2013 DEA 5/16/2012
Cab Truck
2. The Internal Revenue Service — Criminal Investigation and the U.S. Drug Enforcement Administration have sent written notice of the intent to forfeit required by 18 U.S.C. § 983(a)(1)(A) to all known interested parties. The time has expired for any person to file a claim to the defendant assets under 18 U.S.C. § 983(a)(2)(A) (E), and no person other than Claimants have filed a claim to the defendant assets as required by law in the administrative forfeiture proceeding.
3. Under 18 U.S.C. § 983(a)(3)(A), the United States is required 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 within ninety days after a claim has been for good cause shown or by agreement of the parties. The deadlines for each of the defendant assets are listed above, with the earliest date of October 28, 2012.
4. By Stipulation and Order filed October 18, 2012, the parties stipulated to extend to January 25, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
5. By Stipulation and Order filed January 15, 2013, the parties stipulated to extend to April 12, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
6. By Stipulation and Order filed April 15, 2013, the parties stipulated to extend to July 12, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
7. By Stipulation and Order filed July 12, 2013, the parties stipulated to extend to October 11, 2013, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
8. By Stipulation and Order filed October 11, 2013, the parties stipulated to extend to January 9, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
9. By Stipulation and Order filed January 7, 2014, the parties stipulated to extend to April 9, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
10. By Stipulation and Order filed April 11, 2014, the parties stipulated to extend to July 8, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
11. By Stipulation and Order filed July 22, 2014, the parties stipulated to extend to October 6, 2014, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
12. By Stipulation and Order filed October 7, 2014, the parties stipulated to extend to January 5, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
13. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to April 6, 2015, the time in which the United States is required to file a civil complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
14. Accordingly, the parties agree that the deadline by which the United States shall be required 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 shall be extended to April 6, 2015.
IT IS SO ORDERED.
