Filed: Jan. 11, 2016
Latest Update: Jan. 11, 2016
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A 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, Justin McMillan, Jason Siegfried, Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and through their respectiv
Summary: STIPULATION AND ORDER EXTENDING TIME FOR FILING A 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, Justin McMillan, Jason Siegfried, Ashley Owles, Derek Winters, Anthony Giarrusso and Marla Ortega, by and through their respective..
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A 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, 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 $86,386.34 7/30/2012 10/28/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $86,386.34 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Anthony Winters Approximately $75,799.17 7/30/2012 10/28/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $75,799.17 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Anthony Winters Approximately $12,487.89 7/30/2012 10/28/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $12,487.89 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $22.560.00 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $16,300.00 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $2,315.48 in 8/06/2012 11/04/2012 IRS-CI 5/16/2012
USC seized from Wells
Fargo Bank
Steven and Marla Ortega Approximately $6,705.79 in 8/06/2012 11/04/2012 IRS-CI 5/16/2012
USC seized from US Bank
Steven and Marla Ortega Approximately $23,437.76 8/06/2012 11/04/2012 IRS-CI 5/16/2012
in USC seized from US
Bank
Steven Ortega, Jr. Approximately $23,437.76 8/07/2012 11/05/2012 IRS-CI 5/16/2012
in USC seized from US
Bank
Anthony Winters Approximately $8,270.00 in 7/30/2012 10/28/2012 DEA 5/16/2012
USC
Anthony Winters Approximately $12,290.00 7/30/2012 10/28/2012 DEA 5/16/2012
in USC
Steven and Marla Ortega Approximately $12,290.00 8/06/2012 11/04/2012 DEA 5/16/2012
in USC
Steven and Marla Ortega Approximately $7,874.00 in 8/06/2012 11/04/2012 DEA 5/16/2012
USC
Richard Serrell Approximately $9,600.00 in 8/02/2012 10/31/2012 DEA 5/16/2012
USC
Steven Ortega, Jr. Approximately $41,820.00 8/03/2012 11/01/2012 DEA 5/16/2012
in USC
Steven and Marla Ortega Approximately $4,980.00 in 8/06/2012 11/04/2012 DEA 5/16/2012
USC
Steven and Marla Ortega Approximately $22,057.00 8/06/2012 11/04/2012 DEA 5/16/2012
in USC
Steven and Marla Ortega Approximately $57,642.00 8/06/2012 11/04/2012 DEA 5/16/2012
in USC
Richard Serrell Assorted Jewelry Valued at 8/02/2012 10/31/2012 DEA 5/16/2012
$178,675.00
Andrea Vickery Assorted Jewelry Valued at 8/17/2012 11/15/2012 DEA 5/16/2012
$32,000.00
Steven Ortega, Jr. Assorted Jewelry Valued at 8/03/2012 11/01/2012 DEA 5/16/2012
$32,000.00
Steven and Marla Ortega 2010 Harley Davidson Road 8/06/2012 11/04/2012 DEA 5/16/2012
Glide Touring Motorcycle,
6597
Thomas and Denise Hohn 2010 Harley Davidson Road 8/16/2012 11/14/2012 DEA 5/16/2012
Glide Touring Motorcycle,
6597
Steven Ortega, Jr. 2011 Harley Davidson Road 8/03/2012 11/01/2012 DEA 5/16/2012
Glide Touring Motorcycle,
5168
Steven Ortega, Jr. 2011 Harley Davidson Road 8/03/2012 11/01/2012 DEA 5/16/2012
Glide Touring Motorcycle,
7068
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 Speedster 8/03/2012 11/01/2012 DEA 5/16/2012
Boat
Steven A dgate 2012 Eliminator Speedster 8/15/2012 11/13/2012 DEA 5/16/2012
Boat
Steven Ortega, Jr. 2012 Extreme Carrier Trailer 8/03/2012 11/01/2012 DEA 5/16/2012
Richard Serrell 2008 Nordic 28-Foot Power 8/02/2012 10/31/2012 DEA 5/16/2012
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
Jason Siegfried Glock 40 Caliber, Model 23 8/15/2012 11/13/2012 DEA 5/16/2012
Semi-Automatic Handgun
Ashley Owles Glock 40 Caliber, Model 23 8/15/2012 11/13/2012 DEA 5/16/2012
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 Cab 10/15/2012 1/13/2013 DEA 5/16/2012
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 filed in the administrative forfeiture proceedings, unless the court extends the deadline 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, 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.
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, 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.
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. By Stipulation and Order filed January 7, 2015, the parties stipulated 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. By Stipulation and Order filed April 8, 2015, the parties stipulated to extend to July 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.
15. By Stipulation and Order filed July 9, 2015, the parties stipulated to extend to October 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.
16. By Stipulation and Order filed October 13, 2015, the parties stipulated to extend to January 4, 2016, 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.
17. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to April 4, 2016, 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.
18. 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 4, 2016.
DATE: 12/28/2015 BENJAMIN B. WAGNER
United States Attorney
By: /s/ Kevin C. Khasigian
_______________________________
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
DATE: 12/29/2015 /s/ Carolyn M. Hagin
______________________________
CAROLYN M. HAGIN
Attorney for Claimant Anthony Winters
(Authorized via email)
DATE: 12/22/2015 /s/ Benjamin D. Galloway
______________________________
BENJAMIN D. GALLOWAY
Attorney for Claimant Steven Ortega, Sr.
(Authorized via email)
DATE: 12/21/2015 /s/ Darryl Stallworth
______________________________
DARRYL STALLWORTH
Attorney for Claimant Richard Serrell
(Authorized via email)
DATE: 12/24/2015 /s/ William J. Portanova
______________________________
WILLIAM J. PORTANOVA
Attorney for Claimant Steven Adgate
(Authorized via email)
DATE: 12/21/2015 /s/ Randy Sue Pollock
______________________________
RANDY SUE POLLOCK
Attorney for Claimant Steven Ortega, Jr.
(Authorized via email)
DATE: 12/21/2015 /s/ Randy Sue Pollock
______________________________
RANDY SUE POLLOCK
Attorney for Claimant Andrea Vickery
(Authorized via email)
DATE: 12/22/2015 /s/ Russell S. Humphrey
______________________________
RUSSELL S. HUMPHREY
Attorney for Claimant Derek Winters
(Authorized via email)
DATE: 12/29/2015 /s/ James R. Greiner
______________________________
JAMES R. GREINER
Attorney for Claimants
Jason Siegfried and Ashley Owles
(Authorized via email)
DATE: 12/21/2015 /s/ Scott N. Cameron
______________________________
SCOTT N. CAMERON
Attorney for Claimant Justin McMillian
(Authorized via email)
DATE: 12/28/2015 /s/ Hayes H. Gable III
______________________________
HAYES H. GABLE III
Attorney for Claimant Anthony Giarrusso
(Authorized via phone)
DATE: 12/21/2015 /s/ Shari Rusk
______________________________
SHARI RUSK
Attorney for Claimant Marla Ortega
(Authorized via email)
DATE: 12/29/2015 /s/ Thomas Hohn
______________________________
THOMAS HOHN
Claimant, Appearing in propria persona
(Authorized via email)
DATE: 12/29/2015 /s/ Denise Hohn
______________________________
DENISE HOHN
Claimant, Appearing in propria persona
(Authorized via email)
ORDER
Pursuant to the foregoing stipulation, 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 4, 2016.
IT IS SO ORDERED.
