United States of America v. $49,205.27 In United States Currency

Filing 4

ORDER granting 3 plaintiff's Motion to Extend Time to file its complaint for forfeiture in rem. ( Complaint due by 12/31/2009.) Signed by Judge Larry R. Hicks on 11/3/09. (Copies have been distributed pursuant to the NEF - SL)

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DANIEL G. BOGDEN United States Attorney Nevada State Bar No. 5232 MICHAEL A. HUMPHREYS Assistant United States Attorney Lloyd D. George United States Courthouse 333 Las Vegas Boulevard South, Suite 5000 Las Vegas, Nevada 89101 Telephone [phone] Facsimile [phone] [e-mail] Counsel for the United States of America

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) $49,205.27 IN UNITED STATES CURRENCY, ) ) Defendant. )

2:09-CV-1647-LRH (LRL)

UNITED STATES' MOTION TO CONTINUE THE DATE TO FILE ITS COMPLAINT FOR FORFEITURE IN REM IN THE ABOVE-CAPTIONED MATTER (S ORDER AND econd Request) The United States of America ("United States"), by and through Daniel G. Bogden, United States Attorney, and Michael A. Humphreys, Assistant United States Attorney, respectfully apply for an extension of time until and including December 31, 2009, pursuant to 18 U.S.C. § 983(a)(3)(A), for the United States to file a Civil Complaint For Forfeiture In Rem against the $49,205.27 in United States Currency. The Government's Complaint is currently due November 1, 2009. Gregg Gariti and numerous associates of his have been the focus of an historical state/federal criminal investigation into their activities of alleged unlawful gaming activities in Nevada and elsewhere. Generally speaking, the Government has developed information that Gariti and others

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were operating an illegal book-making operation from approximately December 2008 through approximately April 2009, all in violation of 18 U.S.C. § 1084 and other federal anti-gambling statutes. A principal situs of that illegal operation was Las Vegas, Nevada. Gariti is recently aware of that investigation, and, with his counsel, has been engaged in plea negotiations with the Government in an endeavor to complete a universal disposition. Those negotiations continue. In the meantime, the Government has a deadline, under the strictures of 18 U.S.C. § 983(a)(3)(A), to file its forfeiture complaint, regarding the above-captioned currency, no later than November 1, 2009. The afore-referenced plea negotiations will not be completed by the time the Government is required to file its complaint. The undersigned believes that the Government and Mr. Gariti are still in plea negotiations to reach a global plea that would include forfeiture, but have not been able to contact either defense counsel or the prosecutor in this case to confirm the status of such negotiations. In any event, by filing this second motion the Government seeks to preserve its right to file its forfeiture complaint, in rem consistent with the guidelines and the deadlines set forth by CAFRA. The undersigned attempted to contact claimant's counsel, Margaret Standish, to determine her position on this motion but was unable to contact her before the filing deadline. The Government, herewith, petitions this Court to extend the time for the Government to file its civil complaint in the above-captioned matter, to facilitate a possible, if not likely, universal plea disposition. This motion is not submitted solely for the purpose of delay or for any other improper purpose. ... ... ... ...

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WHEREFORE, the United States moves this Court to grant its motion to extend the time for the United States to file its civil complaint in the above-captioned matter for an additional sixty (60) days, or until December 31, 2009. DATED this 2nd day of November 2009. Respectfully submitted, DANIEL G. BOGDEN United States Attorney /s/ Michael A. Humphreys MICHAEL A. HUMPHREYS Assistant United States Attorney

IT IS SO ORDERED:

UNITED STATES DISTRICT JUDGE ___________________________________ LARRY:R. HICKS DATED UNITED STATES DISTRICT JUDGE