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

Filing 6

ORDER Granting 5 Third Unopposed Motion to Continue CAFRA Deadline until 9/11/2017. Signed by Magistrate Judge Carl W. Hoffman on 6/5/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00344-JAD-CWH Document 5 Filed 06/02/17 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 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;

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Defendants.

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2:17-CV-344-JAD-(CWH)

United States’ Unopposed Application To
Continue CAFRA Deadline
(Third Request)

COMES NOW The United States of America and moves this Court to extend the

21 CAFRA (Civil Asset Forfeiture Reform Act) deadline for 90 days or until September 11,
22 2017.
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This is the Government’s third request for an extension of the CAFRA deadline.

24 On April 7, 2017, this Court previously granted a 60-day CAFRA extension deadline
25 until June 11, 2017.
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Case 2:17-cv-00344-JAD-CWH Document 5 Filed 06/02/17 Page 2 of 3

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This current motion for a continued extension of the CAFRA deadline is

2 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

4 complaint, if an interested party files a timely administrative claim with the seizing
5 agency. In this case, Customs and Border Patrol seized the above-captioned defendants
6 on August 17, 2016; and the claimants, Zalmai and Sona Basharyar, filed administrative
7 claims with the Department of Homeland Security (United States Customs and Border
8 Patrol) on November 10, 2016. As such, the United States was obliged to file its civil
9 complaint in this case by February 10, 2017. In an uncontested motion filed on February
10 3, 2017, the United States requested an additional sixty (60) days to file a civil forfeiture
11 complaint in this case because it (the United States) was still in the process of
12 determining whether there was/is sufficient evidence to file such a complaint. The
13 United States was (and still is) gathering evidence to determine whether it can meet the
14 burden of the preponderance of evidence necessary to file a complaint.
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In addition, Claimants’ counsel, in the person of Gabriel Grasso, has advised

16 counsel for the United States that he (Grasso) is reviewing significant quantities of bank
17 records that he would like to present to the Government to stave off a civil and/or
18 criminal filing, or to, at least, provide a basis for settlement discussions. As of May 31,
19 2017, Claimant’s counsel advised counsel for the government that he had not yet
20 harvested all of the information in a usable format, i.e., a thumb drive, but that he
21 expected to provide the government with that information in the next few days.
22 Claimant’s counsel expects that the data he will provide to the Government is
23 voluminous. As such it will take several weeks for the government to analyze and
24 synthesize that information into a coherent form that will allow it to evaluate the worth of
25 that information toward either litigation or settlement.
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Case 2:17-cv-00344-JAD-CWH Document 5 Filed 06/02/17 Page 3 of 3

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In addition, both counsel for the government and counsel for the Claimant will be

2 out of the office and out of town for much of July 2017. In that regard, Claimants’
3 counsel joins in this request so that he and the Government may continue to investigate
4 this matter.
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Accordingly, the United States requests an additional 90 days (or until September

6 11, 2017) to complete its financial analysis and determine whether to file a complaint in
7 this matter.
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Counsel for the Government has consulted with the Claimants’ counsel, Gabriel

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

12 improper purpose.
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WHEREFORE, for all of the reasons stated above, the United States moves this

14 Court to continue the CAFRA deadline sixty (90) days or until September 11, 2017.
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Dated: June 2, 2017
STEVEN W. MYHRE
Acting United States Attorney

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

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June 5, 2017

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