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 2

STIPULATION and ORDER EXTENDING TIME for filing a complaint signed by District Judge Troy L. Nunley on 1/2/18. The parties agree 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 shall be EXTENDED to 3/20/2018. (Mena-Sanchez, L)

1 PHILLIP A. TALBERT
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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1

Stipulation and 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 is December 20, 2017.
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3.

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

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

Accordingly, the parties agree that the deadline by which the United States shall be

13 required to file a complaint for forfeiture against the defendant OTP and defendant currency and/or to
14 obtain an indictment alleging that the defendant OTP and defendant currency are subject to forfeiture
15 shall be extended to March 20, 2018.
16 DATED:

12/14/2017

PHILLIP A. TALBERT
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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DATED:

12/14/2017

/s/ Patrick Hanly
PATRICK HANLY
Attorney for Rahman Lakhani

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(As authorized via email)
IT IS SO ORDERED.
Dated: January 2, 2018

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Troy L. Nunley
United States District Judge

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2

Stipulation and Order For Extension of
Time to File Complaint