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U.S. v. Approximately $86,386.34 in U.S. Currency Seized from Wells Fargo Bank Account Number 837-8529088, 2:12-MC-00084-MCE-CKD. (2016)

Court: District Court, E.D. California Number: infdco20160408e94 Visitors: 12
Filed: Apr. 04, 2016
Latest Update: Apr. 04, 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 Anthony Winters, Jason Siegfried, Ashley Owles, and Derek Winters ("Claimants"), by and through their respective attorneys, as follows: 1. The following table details the claimant, assets, dates in which claims were filed in the administrative fo
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STIPULATION AND ORDER EXTENDING TIME FOR FILING A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

It is hereby stipulated by and between the United States of America and Anthony Winters, Jason Siegfried, Ashley Owles, and Derek Winters ("Claimants"), by and through their respective attorneys, 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 Approximately $86,386.34 in USC 7/30/2012 4/4/16 IRS-CI 5/16/2012 Winters seized from Wells Fargo Bank Anthony Approximately $75,799.17 in USC 7/30/2012 4/4/16 IRS-CI 5/16/2012 Winters seized from Wells Fargo Bank Anthony Approximately $12,487.89 in USC 7/30/2012 4/4/16 IRS-CI 5/16/2012 Winters seized from Wells Fargo Bank Anthony Approximately $40,000.00 in USC 7/30/2012 4/4/16 IRS-CI 5/16/2012 Winters seized from Wells Fargo Bank Anthony Approximately $8,270.00 in USC 7/30/2012 4/4/16 DEA 5/16/2012 Winters Anthony Approximately $12,290.00 in USC 7/30/2012 4/4/16 DEA 5/16/2012 Winters Derek 2009 Land Rover Range Rover 8/02/2012 4/4/16 DEA 5/16/2012 Winters Derek 2007 Tracker Targa 17 Sport Boat w/ 8/02/2012 4/4/16 DEA 5/16/2012 Winters 2004 trailer carrier Jason Glock 40 Caliber, Model 23 8/15/2012 4/4/16 DEA 5/16/2012 Siegfried Semi-Automatic Handgun Ashley Glock 40 Caliber, Model 23 8/15/2012 4/4/16 DEA 5/16/2012 Owles Semi-Automatic Handgun

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, 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. 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. By Stipulation and Order filed January 13, 2016, the parties stipulated 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. As provided in 18 U.S.C. § 983(a)(3)(A), the parties wish by agreement to extend to July 5, 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.

19. 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 July 5, 2016.

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 July 5, 2016.

IT IS SO ORDERED.

Source:  Leagle

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