United States of America v. Net Proceeds from the Sale of Other Tobacco Products Located at 6255 McLeod Drive, Suite 13, Las Vegas, Nevada et al

Filing 10

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/22/18 ORDERING that the deadline by which the United States shall be required to file a complaint for forfeiture against the defendant OTP and defendant currency and/or to obtain an indictment alleging that the defendant OTP and defendant currency are subject to forfeiture is EXTENDED to 3/18/2019. (Kastilahn, A)

1 McGREGOR W. SCOTT
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
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2:17-MC-00195-TLN-EFB

Plaintiff,
v.

14 NET PROCEEDS FROM THE SALE OF OTHER
TOBACCO PRODUCTS LOCATED AT 6255 MCLEOD
15 DRIVE, SUITE 13, LAS VEGAS, NEVADA 89120,

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

16 NET PROCEEDS FROM THE SALE OF OTHER
TOBACCO PRODUCTS LOCATED AT 10879
17 PORTAL DRIVE, SUITE B, LOS ALAMITOS,
CALIFORNIA 90720, and
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APPROXIMATELY $41,274.49 SEIZED FROM WELLS
19 FARGO BANK ACCOUNT NUMBER 5422109032,
TITLED IN THE NAME 21ST CENTURY
20 DISTRIBUTION,
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Defendants.
It is hereby stipulated by and between the United States of America and potential claimant

23 Rahman Lakhani (“claimant”), by and through their respective counsel, as follows:
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1.

On or about September 21, 2017, the Bureau of Alcohol, Tobacco, Firearms and

25 Explosives (“ATF”) seized Other Tobacco Products located at 6255 McLeod Drive, Suite 13, Las
26 Vegas, Nevada and Other Tobacco Products located at 10879 Portal Drive, Suite B, Los Alamitos,
27 California (“defendant OTP”). On or about October 16, 2017, ATF seized Approximately
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Stipulation and Proposed Order For
Extension of Time to File Complaint

st
1 $41,274.49 seized from Wells Fargo Bank Account Number 5422109032, titled in the name 21

2 Century Distribution (hereafter “defendant currency”).
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2.

Under 18 U.S.C. § 983(a)(3)(A), the United States is required to file a complaint for

4 forfeiture against the defendant OTP and defendant currency and/or to obtain an indictment alleging
5 that the defendant OTP and defendant currency are subject to forfeiture within ninety days after
6 seizure of an asset, unless the court extends the deadline for good cause shown or by agreement of the
7 parties. That deadline was December 20, 2017.
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3.

By Stipulation and Order filed January 2, 2018, the parties stipulated to extend to

9 March 20, 2018, the time in which the United States is required to file a civil complaint for forfeiture
10 against the defendant OTP and defendant currency and/or to obtain an indictment alleging that the
11 defendant OTP and defendant currency are subject to forfeiture.
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4.

By Stipulation and Order filed March 28, 2018, the parties stipulated to extend to June

13 18, 2018, the time in which the United States is required to file a civil complaint for forfeiture against
14 the defendant OTP and defendant currency and/or to obtain an indictment alleging that the defendant
15 OTP and defendant currency are subject to forfeiture.
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5.

By Stipulation and Order filed June 26, 2018, the parties stipulated to extend to

17 September 17, 2018, the time in which the United States is required to file a civil complaint for
18 forfeiture against the defendant OTP and defendant currency and/or to obtain an indictment alleging
19 that the defendant OTP and defendant currency are subject to forfeiture.
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6.

By Stipulation and Order filed September 17, 2018, the parties stipulated to extend to

21 December 17, 2018, the time in which the United States is required to file a civil complaint for
22 forfeiture against the defendant OTP and defendant currency and/or to obtain an indictment alleging
23 that the defendant OTP and defendant currency are subject to forfeiture.
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7.

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

25 extend to March 18, 2019, the time in which the United States is required to file a civil complaint for
26 forfeiture against the defendant OTP and defendant currency and/or to obtain an indictment alleging
27 that the defendant OTP and defendant currency are subject to forfeiture.
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Stipulation and Proposed Order For
Extension of Time to File Complaint

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8.

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 OTP and defendant currency and/or to
3 obtain an indictment alleging that the defendant OTP and defendant currency are subject to forfeiture
4 shall be extended to March 18, 2019.
5 DATED:

10/22/2018

McGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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10 DATED:
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/s/ Patrick Hanly
PATRICK HANLY
Attorney for Rahman Lakhani

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(As authorized via phone)

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10/22/2018

IT IS SO ORDERED.

14 Dated: October 22, 2018
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Troy L. Nunley
United States District Judge

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Stipulation and Proposed Order For
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