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

Filing 6

ORDER granting 5 plaintiff's unopposed Motion to Extend Time to file its Complaint to 3/31/2010. Signed by Judge Larry R. Hicks on 12/30/09. (Copies have been distributed pursuant to the NEF - SL)

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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. Pursuant to plea negotiations between Mr Gariti and the Government, on September 24, 2009, Mr. Gariti entered a change of plea before this Court. Mr. Gariti is scheduled to be sentenced on January 22, 2010, (although on information and belief by Government forfeiture counsel, that sentencing date may be continued by consent of counsel representing the parties in that criminal case). 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 December 31, 2009. The criminal case will not be disposed of by the time the Government is required to file its complaint. However, counsel for the United States believes that there will be a final disposition of this matter before the expiration of the time period for the continuance requested herein; making further requests for continuances unnecessary. Finally, counsel for the Government spoke to defendant's counsel, Margaret Standish, on December 28, 2009, and she has authorized the undersigned to represent to this Court that she has no objection to the continuance requested herein. 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 final universal plea/sentencing 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 it's motion to extend the time for the United States to file it's civil complaint in the above-captioned matter for an additional 90 days, or until March 31, 2010. DATED this 29nd day of December 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 ________________________________ DATED: LARRY R. HICKS UNITED STATES DISTRICT JUDGE DATED: December 30, 2009