United States of America v. $417,073.00 in United States Currency, et al.

Filing 2

ORDER Granting 1 Unopposed Motion to Continue CAFRA Deadline until 4/11/2017. Signed by Magistrate Judge Carl W. Hoffman on 2/7/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00344-JAD-CWH Document 1 Filed 02/03/17 Page 1 of 3

1 DANIEL G. BOGDEN
United States Attorney
2 Nevada Bar No. 2137
MICHAEL A. HUMPHREYS
3 Assistant United States Attorney
U.S. Attorney’s Office
4 501 Las Vegas Boulevard South, Suite1100
Las Vegas, Nevada 89101
5 Telephone: [phone]
Facsimile: 702-388-6787
6 Email: [e-mail]
Attorneys for the United States.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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$417,073.00 IN UNITED STATES
CURRENCY seized from the premises of
2656 North Ontario Street, Las Vegas
Nevada;
$28,230.05 IN UNITED STATES
CURRENCY seized from J.P. Morgan
Chase Account No. xxxxxxx2849;
$21,146.37 in UNITED STATES
CURRENCY seized from J.P. Morgan
Chase Bank Account No. xxxxxx5561;
Defendants.

) 2:17-CV-344
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) United States’ Unopposed Application To
) Continue CAFRA Deadline
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COMES NOW The United States of America and moves this Court to extend the

21 CAFRA (Civil Asset Forfeiture Reform Act) deadline for 60 days or until April 11, 2017.
22 This motion is unopposed by Claimants’ Counsel.
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Pursuant to 18 U.S.C. 983 (a)(2)(E), the United States has 90 days to file a civil

24 complaint, if an interested party files a timely administrative claim with the seizing
25 agency. In this case, Customs and Border Patrol seized the above referenced defendants
26 on August 17, 2016; and the claimants, Zalmai and Sona Basharyar, filed administrative

Case 2:17-cv-00344-JAD-CWH Document 1 Filed 02/03/17 Page 2 of 3

1 claims with the Department of Homeland Security (United States Customs and Border
2 Patrol) on November 10, 2016. As such, the United States was/is obliged to file a civil
3 complaint by February 10, 2017.
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The Government requests a continuance of that February 10, 2017, deadline until

5 April 10, 2017. For its grounds the Government states that it continues to investigate this
6 case, involving the seizure of large quantities of analogue drugs (“spice”) from the
7 business premises of G-One Smoke Shop as well as over $450,000.00 in monetary assets
8 (specified in the caption above) from the residential premises of the owner of that smoke
9 shop (Zalmai Basharyar) and bank accounts linked to Basharyar, personally, and/or
10 corporate bank accounts maintained by G-One. Government investigators have yet to
11 complete their analysis of what will largely, if not exclusively, be a financial case, to wit:
12 was/is the seized currency derived from legitimate sources or from drug-dealing. To
13 resolve that issue, investigators need to pore over volumes of financial documents and
14 bank records. Their task is not yet complete and, as such, the Government cannot make
15 an informed assessment of whether there exists a preponderance of evidence that would
16 justify filing a civil complaint.
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Accordingly, the United States requests an additional 60 days (or until April 11,

18 2017) to complete its financial analysis and determine whether to file a complaint in this
19 matter.
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Counsel for the Government has consulted with the Claimants’ counsel, Gabriel

21 Grasso, and he has authorized Government counsel to represent to this Court that he does
22 not object to this motion.
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This motion is not submitted solely for the purpose to delay or for any other

24 improper purpose.
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Case 2:17-cv-00344-JAD-CWH Document 1 Filed 02/03/17 Page 3 of 3

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WHEREFORE, for all of the reasons stated above, the United States moves this

2 Court to continue the CAFRA deadline sixty (60) days or until April 11, 2017.
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Dated: February 3, 2017
DANIEL G. BOGDEN
United States Attorney

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/s/ Michael A. Humphreys
MICHAEL A. HUMPHREYS
Assistant United States Attorney

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February 7, 2017

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