United States of America v. $158,677.17 In United States Currency

Filing 2

ORDER Granting 1 Unopposed Motion to Extend Time to File A Civil Complaint for Forfeiture In Rem. The United States shall file a Civil Complaint by 2/19/2013. Signed by Judge Gloria M. Navarro on 12/17/2012. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:12-cv-02125-GMN-RJJ Document 1

Filed 12/13/12 Page 1 of 5

1 DANIEL G. BOGDEN
United States Attorney
2 Nevada Bar No. 2137
DANIEL D. HOLLINGSWORTH
3 Assistant United States Attorney
Nevada Bar No. 1925
4 Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
5 Las Vegas, Nevada 89101
Telephone: [phone]
6 Facsimile: [phone]
E-mail: [e-mail]
7 Counsel for the United States of America
8
9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12 UNITED STATES OF AMERICA,
13
14
15
16
17
18

)
)
Plaintiff,
)
)
v.
)
)
$158,677.17 IN UNITED STATES CURRENCY, )
)
Defendant.
)

2:12-CV-

THE UNITED STATES OF AMERICA’S UNOPPOSED APPLICATION TO EXTEND
THE TIME TO FILE A CIVIL COMPLAINT FOR FORFEITURE IN REM AGAINST
THE $158,677.17 IN UNITED STATES CURRENCY
(First Request)

19
20

The United States of America (“United States”), by and through Daniel G. Bogden, United States

21 Attorney for the District of Nevada, and Daniel D. Hollingsworth, Assistant United States Attorney;
22 Ramon Desage (“Desage”), by and through his counsel, Richard A. Wright; and William Richardson
23 (“Richardson”), by and through his counsel, David Z. Chesnoff, respectfully apply for an extension of
24 time until and including February 19, 2013, pursuant to 18 U.S.C. § 983(a)(3)(A), for the United States
25 to file a Civil Complaint For Forfeiture In Rem against the $158,677.17 in United States Currency. The
26 Complaint is currently due December 17, 2012.

Case 2:12-cv-02125-GMN-RJJ Document 1

1

Filed 12/13/12 Page 2 of 5

The grounds for this unopposed application are counsel for the United States, Desage, and

2 Richardson have agreed to the extension.
3

This Unopposed Application is made and is based on this Unopposed Application and the attached

4 Memorandum of Points and Authorities.
5

DATED this 13th day of December, 2012.
DANIEL G. BOGDEN
United States Attorney

6
7

/s/DanielD.Hollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2

Case 2:12-cv-02125-GMN-RJJ Document 1

Filed 12/13/12 Page 3 of 5

MEMORANDUM OF POINTS AND AUTHORITIES

1

2 I. Statement Of Facts
3

On or about July 6, 2012, the Internal Revenue Service, the Department of the United States

4 Treasury in Las Vegas, Nevada (“IRS”) executed a civil seizure warrant on any and all funds held in
5 Bank of Nevada Account Number xxxxxx6157 in the name of Cadeau Express, located at 2700 West
6 Sahara Avenue, Las Vegas, Nevada 89102, seizing $158,677.17.
7

On or about September 6, 2012, the IRS mailed the notice of administrative forfeiture by regular

8 first class mail and certified return receipt requested to Ramon Desage (“Desage”) and William
9 Richardson (“Richardson”).
10

On or about September 18, 2012, the IRS received claims from Desage and Richardson requesting

11 a judicial action.
12

On December 12, 2012, Richard A. Wright, counsel for Desage, and David Z. Chesnoff, counsel

13 for Richardson, agreed to the extension of time and authorized counsel for the United States to file this
14 Unopposed Application with this Court.
15 II. ARGUMENT
16

This Court should grant this application for an extension of time to file the Civil Complaint For

17 Forfeiture In Rem against the $158,677.17 in United States Currency.
18
19
20

Not later than 90 days after a claim has been filed, the Government shall file a complaint for
forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and
Maritime Claims ... except that a court in the district in which a complaint will be filed may
extend the period for filing a complaint for good cause shown or upon agreement of the
parties.

21 18 U.S.C. § 983(a)(3)(A) (emphasis added); United States v. 475 Martin Lane, 545 F.3d 1134, 1146
22 (9th Cir. 2008) (holding “that 18 U.S.C. § 983(a)(3)(A) authorizes district courts to grant ex parte
23 extensions of time in which to file a civil forfeiture complaint.”)
24

A district court has authority under § 983(a)(3)(A) to extend the period for filing a Civil Complaint

25 For Forfeiture In Rem. On December 12, 2012, Desage’s counsel and Richardson’s counsel agreed to
26 the extension of time and authorized counsel for the United States to file this Unopposed Application
3

Case 2:12-cv-02125-GMN-RJJ Document 1

Filed 12/13/12 Page 4 of 5

1 with this Court. Because the parties have agreed to the extension of time to file a Civil Complaint For
2 Forfeiture In Rem, this Court should extend the time.
3

This Unopposed Application is not submitted solely for the purpose of delay or for any other

4 improper purpose.
5 II. Conclusion
6

This Court should grant an extension of time until February 19, 2013, pursuant to § 983(a)(3)(A),

7 for the United States to file a Civil Complaint For Forfeiture In Rem against the $158,677.17 in United
8 States Currency because counsel for the United States, Desage, and Richardson have agreed to the
9 extension of time.
10

DATED this 13th day of December, 2012.

11

Respectfully submitted,

12

DANIEL G. BOGDEN
United States Attorney

13
/s/DanielD.Hollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

14
15
16
17

IT IS SO ORDERED:

18
19
20

UNITED STATES DISTRICT JUDGE

21

DATED: December 17, 2012

22
23
24
25
26
4

Case 2:12-cv-02125-GMN-RJJ Document 1

PROOF OF SERVICE

1
2

Filed 12/13/12 Page 5 of 5

I, Daniel D. Hollingsworth, certify that the following individuals were served THE UNITED

3 STATES OF AMERICA’S UNOPPOSED APPLICATION TO EXTEND THE TIME TO FILE
4 A CIVIL COMPLAINT FOR FORFEITURE IN REM AGAINST THE $158,677.17 IN UNITED
5 STATES CURRENCY (First Request) on December 13, 2013, by the below identified method of
6 service:
7

Mail

8

Richard A. Wright
300 South Fourth Street, Suite #701
Las Vegas, Nevada 89101
Counsel for Ramon Desage

9
10
11
12

David Z. Chesnoff
520 South Fourth Street
Las Vegas, Nevada 89101
Counsel for William Richardson

13
/s/DanielD.Hollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney

14
15
16
17
18
19
20
21
22
23
24
25
26
5