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

Filing 52

ORDER Granting 51 Motion to Extend Time re 38 Order (Second Request). See Order for deadlines. Signed by Judge Jennifer A. Dorsey on 4/24/2020. Nunc pro tunc to 4/20/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:12-cv-02125-JAD-VCF Document 51 Filed 04/15/20 Page 1 of 3
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1 NICHOLAS A. TRUTANICH
United States Attorney
2 District of Nevada
Nevada Bar Number 13644
3 DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
4 Nevada Bar No. 1925
501 Las Vegas Boulevard South, Suite 1100
5 Las Vegas, Nevada 89101
[phone]
6 [e-mail]
Attorneys for the United States
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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12 UNITED STATES OF AMERICA,
Plaintiff,

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v.

15 $158,677.17 in United States Currency,
$761,515.36 in United States Currency, and
16 $844,586.92 in United States Currency,
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Defendants.

2:12-CV-2125-JAD-VCF
2:12-CV-2126-JAD-VCF
2:12-CV-2127-JAD-VCF
Order Granting
William Richardson’s and Harvey
Vechery’s Unopposed Motion to Extend
Time to File Richardson’s Rule 12(b)
Motion or Answer and Vechery’s Judicial
Claim and Rule 12(b) Motion or Answer
(Second Extension)
ECF No. 51

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This Motion to Extend Time is the second request. LR IA 6-1.

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William Richardson (Richardson) and Harvey Vechery (Vechery) requested the first

20 extension to, and including, April 20, 2020, ECF No. 35. This Court granted the extension,
21 ECF No. 38. Richardson and Vechery respectfully move this Court for a Second Order
22 extending the time for Richardson to file his Rule 12(b) Motion or Answer and for Vechery
23 to file his Judicial Claim and Rule 12(b) Motion or Answer to and including June 30, 2020.
24 The parties hope the settlement can be completed before that date. The reason is the
25 government, Richardson, and Vechery have made progress in settling the civil forfeiture in
26 rem action and the criminal litigation. The next step in the settlement process is that based
27 on Richardson’s signed Stipulation and Petition for Remission and Mitigation under the
28 exclusive executive branch procedure for potential settlement only, Vechery’s signed

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Stipulation and Petition for Remission and Mitigation under the exclusive executive branch

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procedure for potential settlement only, the government will prepare documents and

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memorandums that have five levels of review that ends with the Chief of Money

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Laundering Asset Recovery Section, Criminal Division, United States Department of

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Justice, for preapproval of the exclusive executive branch Petitions for Remission and

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Mitigation in the civil forfeiture case. 1

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For the first extension of time, the government consented to the extension of time at

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the request of David Chesnoff, counsel for Richardson, on December 18, 2019, and

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consented to the extension of time at the request of Patricia Lee, counsel for Vechery, on

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December 23, 2019.
The government consented to this second extension of time as requested by Patricia
Lee for Vechery and David Chesnoff for Richardson on April 14, 2020.
This Motion is not submitted solely for the purpose of delay or for any other
improper purpose.

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This Court should grant an extension of time to, and including, June 30, 2020.

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Dated: April 15, 2020.

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NICHOLAS A. TRUTANICH
United States Attorney
/s/ Daniel D. Hollingsworth
DANIEL D. HOLLINGSWORTH
Assistant United States Attorney
IT IS SO ORDERED:

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________________________________
HONORABLE JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE
4-24-2020
DATED: ________________________
nunc pro tunc to 4-20-2020
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21 U.S.C. § 853(i)(1); 18 U.S.C. §§ 981(e)(6) and 1963(g)(1); MacInnes, 223 F. App’x at 553
n.3 (explaining that the statutes and the CFR authorize the attorney general to determine
whether to provide relief to victims); United States v. Carter, 742 F.3d 440, 446 (9th Cir. 2014)
(explaining that “the Government may choose to assign forfeited proceeds to victims ….”);
DSI, 496 F.3d at 181-82; 28 CFR Part 9; see Government’s Response, ECF No. 373, to Harvey
Vechery’s Motion to Intervene, ECF No. 361.
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