United States District Court, D. Nevada
W. MYHRE Acting United States Attorney
MICHAEL A. HUMPHREYS Assistant United States Attorney
UNITED STATES' UNOPPOSED MOTION TO CONTINUE CAFRA
DEADLINE (SEVENTH REQUEST)
United States Attorney U.S. Attorney's Office 501 Las
Vegas Boulevard South, Suite 1100 Las Vegas, Nevada 89101
Telephone: 702-388-6336 Facsimile: 702-388-6787 Email:
firstname.lastname@example.org Attorneys for the United
NOW the United States of America and moves this Court to
extend the CAFRA (Civil Asset Forfeiture Reform Act) deadline
for the Government to file its forfeiture complaint, in
rem, for 90 days, or until March 18, 2018. The current
CAFRA deadline for the Government to file its complaint is
December 17, 2017.
the Government's Seventh request for an extension of the
CAFRA deadline. Initially, this Court granted a 60-day
continuance until April 11, 2017. The parties have agreed to
previous extensions of time as they fastidiously attempt to
resolve their differences regarding this seizure of nearly
one-half million dollars in monetary assets. This iteration
of a continuance motion is based upon the Government's
efforts to procure business bank records for G-One Smoke Shop
and personal bank records for Zalmai Basharyar, the owner of
G-One Smoke Shop and the administrative claimant of all of
the seized cash.
motion is unopposed by Claimants' Counsel.
to 18 U.S.C. 983(a)(2)(E), the United States has 90 days to
file a civil complaint if an interested party files a timely
administrative claim with the seizing agency. In this case,
Immigration and Customs Enforcement seized the
above-referenced defendants on August 17, 2016; and the
claimants, Zalmai and Sona Basharyar, filed administrative
claims with the Department of Homeland Security (United
States Customs and Border Patrol) on November 10, 2016. As
such, the United States was obliged to file its civil
complaint in this case by February 10, 2017. In an
uncontested motion filed on February 3, 2017, the United
States requested an additional sixty (60) days to file a
civil forfeiture complaint in this case because it (the
United States) was still in the process of determining
whether there was/is sufficient evidence to file such a
complaint. The United States has gathered and is analyzing
evidence, specifically bank and tax records as well as Nevada
state employment agency records to determine, in general,
whether it can meet the burden of the preponderance of
evidence necessary to file a complaint; and in particular,
whether there is a basis upon which the parties can reach an
this Court granted the most recent continuance motion,
November 2, 2017, the Government is working in conjunction
with the Claimant's counsel to secure bank records from
2005 to approximately 2011. The Government already has the
Claimant's business and personal bank records from 2011
forward. Analysis of these earlier bank records is necessary
to determine the accuracy and authenticity of the
Claimant's assertion about the source of his income.
Claimant, through his counsel, has pledged to cooperate with
the Government to secure these earlier bank records, which,
because of their age and their formatting of storage may take
additional time for the bank to produce.
noted above, verification and analysis of the records will
facilitate the settlement discussions one way or the other
regarding the extent to which the seized funds can be traced
to legitimate (or illegitimate) sources. Once the bank
records have been received by the Government, it will take
the financial analyst at the Department of Homeland Security
some time to analyze the records depending on the volume of
records that the bank produces, that spans a six-year period.
He will then present his findings and conclusions to the
United States Attorney for litigation evaluation.
the United States requests an additional 90 days (or until
March 18, 2018) to complete its financial analysis and
determine whether to file a complaint in this matter.
for the Government has consulted with the Claimant's
counsel, Gabriel Grasso, and he has authorized Government
counsel to represent to this Court that he does not object to
motion is not submitted solely for the purpose to delay or
for any other improper purpose.
for all of the reasons stated above, the United States moves
this Court to continue the CAFRA deadline ...