USA v. 2019 Mercedes-Benz E63 AMG-S, et al

Filing 22

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 08/02/22 EXTENDING deadline to 10/10/22 by which the U.S. 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. (Benson, A.)

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PHILLIP A. TALBERT
United States Attorney
PAUL A. HEMESATH
KEVIN C. KHASIGIAN
Assistant U. S. Attorneys
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
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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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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2019 MERCEDES-BENZ E63 AMG-S, VIN:
WDDZF8KB8KA608709, CALIFORNIA
LICENSE NUMBER 1UEV351,

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APPROXIMATELY 0.041836 BITCOIN,

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APPROXIMATELY 18.12902639 BITCOIN,

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APPROXIMATELY 26.56443065 BITCOIN,

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APPROXIMATELY $1,712,611.00 IN U.S.
CURRENCY,

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2:20-MC-00072-TLN-EFB

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

ONE (1) BITCOIN CASASCIUS COIN,
ONE (1) CANADIAN GOLD COIN,
ONE (1) AMERICAN EAGLE GOLD COIN,
ONE (1) CUMMINS ALLISON MONEY
COUNTER,
APPROXIMATELY $3,050.00 SEIZED
FROM LAMASSU BTM LOCATED AT 1301
MACARTHUR BOULEVARD, OAKLAND,
CALIFORNIA,
APPROXIMATELY $51,590.00 SEIZED
FROM LAMASSU BTM LOCATED AT 395
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Stipulation to Extend Time to File Complaint

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BIRD AVENUE, SAN JOSE, CALIFORNIA,

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APPROXIMATELY $2,475.00 SEIZED
FROM LAMASSU BTM LOCATED AT 1310
BROADWAY, OAKLAND, CALIFORNIA,

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APPROXIMATELY $1,945.00 SEIZED
FROM LAMASSU BTM LOCATED AT 1305
N. BASCOM, SAN JOSE, CALIFORNIA,
APPROXIMATELY $20,090.00 SEIZED
FROM LAMASSU BTM LOCATED AT 996
PINE STREET, SAN FRANCISCO,
CALIFORNIA,
APPROXIMATELY $3,115.00 SEIZED
FROM LAMASSU BTM LOCATED AT
25757 SOTO ROAD, HAYWARD,
CALIFORNIA,
APPROXIMATELY $24,890.00 SEIZED
FROM LAMASSU BTM LOCATED AT 1894
UNIVERSITY AVENUE, BERKELEY,
CALIFORNIA,
APPROXIMATELY $3,800.00 SEIZED
FROM LAMASSU BTM LOCATED AT 7500
COMMERCIAL BOULEVARD, COTATI,
CALIFORNIA,
APPROXIMATELY $3,325.00 SEIZED
FROM LAMASSU BTM LOCATED AT
14701 SAN PABLO AVENUE, SAN PABLO,
CALIFORNIA,
APPROXIMATELY $3,785.00 SEIZED
FROM LAMASSU BTM LOCATED AT 3210
BUSKIRK AVENUE, PLEASANT HILL,
CALIFORNIA,
APPROXIMATELY $2,835.00 SEIZED
FROM LAMASSU BTM LOCATED AT 605
CONTRA COSTA BOULEVARD,
CONCORD, CALIFORNIA,
APPROXIMATELY $6,480.00 SEIZED
FROM LAMASSU BTM LOCATED AT 860
ARDEN WAY, SACRAMENTO,
CALIFORNIA,
APPROXIMATELY $22,660.00 SEIZED
FROM LAMASSU BTM, LOCATED AT
1151 GALLERIA BOULEVARD,
ROSEVILLE, CALIFORNIA,

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Stipulation to Extend Time to File Complaint

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APPROXIMATELY $14,805.00 SEIZED
FROM LAMASSU BTM LOCATED AT 5127
FRANKLIN BOULEVARD, SUITE 1,
SACRAMENTO, CALIFORNIA,
APPROXIMATELY $10,340.00 SEIZED
FROM LAMASSU BTM LOCATED AT 620
W. CHARTER WAY, STOCKTON,
CALIFORNIA,
APPROXIMATELY $6,010.00 SEIZED
FROM LAMASSU BTM LOCATED AT 4709
FLORIN ROAD, SACRAMENTO,
CALIFORNIA,
APPROXIMATELY $6,125.00 SEIZED
FROM LAMASSU BTM LOCATED AT 2221
DEL PASO ROAD, SACRAMENTO,
CALIFORNIA,
APPROXIMATELY $130.00 SEIZED FROM
LAMASSU BTM LOCATED AT 1744 N.
TEXAS STREET, FAIRFIELD,
CALIFORNIA, AND
APPROXIMATELY $5,915.00 SEIZED
FROM LAMASSU BTM LOCATED AT 400
LINCOLN ROAD EAST, VALLEJO,
CALIFORNIA,
Defendants.

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It is hereby stipulated by and between the United States of America and potential claimants Rehan

19 Alvi and Rubina Alvi (“claimants”), by and through their respective counsel as follows:
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1.

On or about November 26, 2019, the Homeland Security Investigations and Federal Bureau

21 of Investigation seized the above-referenced defendant assets pursuant to Federal seizure warrants
22 (hereafter collectively “defendant assets”).
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2.

Under 18 U.S.C. §§ 983(a)(1)(A)(i)-(iv), and 983(a)(3)(A), the United States is required to

24 send notice to potential claimants, file a complaint for forfeiture against the defendant assets, or obtain an
25 indictment alleging that the defendant assets are subject to forfeiture within ninety days of seizure, unless
26 the court extends the deadline for good cause shown or by agreement of the parties. That deadline was
27 April 17, 2020.
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Stipulation to Extend Time to File Complaint

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3.

By Stipulation and Order filed April 1, 2020, the parties stipulated to extend to July 16,

2 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
3 defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
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4.

By Stipulation and Order filed June 25, 2020, the parties stipulated to extend to October

5 14, 2020, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
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5.

By Stipulation and Order filed October 14, 2020, the parties stipulated to extend to

8 December 14, 2020, the time in which the United States is required to file a civil complaint for forfeiture
9 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject
10 to forfeiture.
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6.

By Stipulation and Order filed December 11, 2020, the parties stipulated to extend to

12 March 15, 2021, the time in which the United States is required to file a civil complaint for forfeiture
13 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject
14 to forfeiture.
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7.

By Stipulation and Order filed March 16, 2021, the parties stipulated to extend to May 14,

16 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
17 defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
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8.

By Stipulation and Order filed May 17, 2021, the parties stipulated to extend to August 12,

19 2021, the time in which the United States is required to file a civil complaint for forfeiture against the
20 defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
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9.

By Stipulation and Order filed August 10, 2021, the parties stipulated to extend to

22 November 9, 2021, the time in which the United States is required to file a civil complaint for forfeiture
23 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject
24 to forfeiture.
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10.

By Stipulation and Order filed November 8, 2021, the parties stipulated to extend to

26 February 7, 2022, the time in which the United States is required to file a civil complaint for forfeiture
27 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject
28 to forfeiture.
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Stipulation to Extend Time to File Complaint

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By Stipulation and Order filed February 4, 2022, the parties stipulated to extend to May 9,

2 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
3 defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
12.

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By Stipulation and Order filed May 5, 2022, the parties stipulated to extend to August 5,

5 2022, the time in which the United States is required to file a civil complaint for forfeiture against the
6 defendant assets and/or to obtain an indictment alleging that the defendant assets are subject to forfeiture.
13.

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

8 October 10, 2022, the time in which the United States is required to file a civil complaint for forfeiture
9 against the defendant assets and/or to obtain an indictment alleging that the defendant assets are subject
10 to forfeiture.
14.

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

12 to file a complaint for forfeiture against the defendant assets and/or to obtain an indictment alleging that
13 the defendant assets are subject to forfeiture shall be extended to October 10, 2022.
14 Dated:

8/2/22

PHILLIP A. TALBERT
United States Attorney

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By:

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/s/ Thomas A. Johnson
THOMAS A. JOHNSON
Attorney for Potential Claimants
Rehan and Rubina Alvi

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(Signatures authorized by email)

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Dated:

8/1/22

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

IT IS SO ORDERED.
Dated: August 2, 2022

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Troy L. Nunley
United States District Judge

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Stipulation to Extend Time to File Complaint