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Case 2:09-cv-02107-KJD-PAL Document 1 Filed 11/02/09 Page 1 of 4

DANIEL G. BOGDEN
United States Attorney
Nevada State Bar Number 2137
MICHAEL A. HUMPHREYS
Assistant United States Attorney
Lloyd D. George United States Courthouse
333 Las Vegas Boulevard South, Suite 5000
Las Vegas, Nevada 89101
Telephone (702) 388-6336
Facsimile (702) 388-6787
Counsel for the United States of America

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

Plaintiff,

v.

$254,000.00 IN UNITED STATES CURRENCY;
AND $35,000.00
IN UNITED STATES
CURRENCY,
Defendants.

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UNITED STATES’ UNOPPOSED MOTION TO

CONTINUE THE DATE TO FILE ITS COMPLAINT FOR

FORFEITURE IN REM IN THE ABOVE-CAPTIONED MATTERS

(First Request)

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

States Attorney for the District of Nevada and Michael A. Humphreys, Assistant United States

Attorney, respectfully moves this Court to grant it an extension of time of sixty (60) days, until and

including January 3, 2010, with regard to the defendant designated as $35,000.00 in United States

currency; and until and including January 8, 2010, with regard to the defendant designated as

$254,000.00 to allow the United States to file its forfeiture complaint against those defendants.

The Government’s Complaint is currently due on November 4, 2009, for the defendant

designated as $35,000.00 in United States currency; and is due on November 9, 2009, for the

defendant designated as $254,000.00 in United States currency. (Although the defendants were

seized at different times and places on the same day, they were seized within the context of the same

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Case 2:09-cv-02107-KJD-PAL Document 1 Filed 11/02/09 Page 2 of 4

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criminal investigation; and Roberto Arreola-Rojas has filed a claim as to both defendants. Although

the defendants were referred to the United States Attorney, by the seizing agency, with different

internal numerical references, the government will file a single complaint against both defendants

as arising out of the same criminal investigation and to which Mr. Arreola-Rojas is the sole

administrative claimant.)

The Government requests the continuance because it continues to investigate the ownership,

control and source of the currency, all important factors in meeting the “reasonable belief” standard

(See Fed. R. Civ. Pro. (Supp. Rules, G (2)(f)) necessary to file its forfeiture complaint, in rem. The

Government has been investigating this matter since the seizure of the currencies; but additional

time is needed to gather and review documents as well as talk to possible witnesses. Claimant,

Roberto Arreola-Rojas, through his counsel, Richard A. Schonfeld, consents to this motion.

The Government, herewith, petitions this Court to extend the time for the Government to file

its civil complaint with regard to the above-referenced matters, to allow the government time to

complete its investigation.

Under 18 U.S.C. § 983(a)(3)(A), which states:

[T]he Government shall file a complaint for forfeiture in the manner
set forth in the Supplemental Rules for Certain Admiralty and
Maritime Claims . . . , 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. (emphasis added)

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

Complaint For Forfeiture In Rem.

On November 2, 2009, Arreola-Rojas’s counsel, Richard A. Schonfeld, agreed to the

extension of time and authorized counsel for the United States to file this unopposed motion with

this Court. Because the parties have agreed that the Government should be allowed an extension

of time to file its In Rem Complaint, the Government respectfully asks this Court to grant its motion.

This motion is not submitted solely for the purpose of delay or for any other improper

purpose.

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Case 2:09-cv-02107-KJD-PAL Document 1 Filed 11/02/09 Page 3 of 4

WHEREFORE, pursuant to 18 U.S.C. § 983(a)(3)(A), 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 matters for an additional 60 days, or until January 3, 2010 for the $35,000.00; and until

January 8, 2010 for the $254,000.00

DATED this 2nd day of November 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:

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Case 2:09-cv-02107-KJD-PAL Document 1 Filed 11/02/09 Page 4 of 4

PROOF OF SERVICE

I, Maliece Troth, certify that Claimant’s counsel, Richard A. Schonfeld, was served with the

foregoing Government’s Motion To Continue on November 2, 2009, by the below identified method

of service:

U.S. Mail

Richard A. Schonfeld
Chesnoff and Schonfeld
520 S. Fourth St.,
Las Vegas, Nv 89101

/s/MalieceTroth
MALIECE TROTH
Forfeiture Support Associates, Paralegal

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