Free Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:04-cr-00153-LTB

Document 397

Filed 12/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 04-cr-00153-LTB UNITED STATES OF AMERICA, Plaintiff, v. 1. GERALD P. SMALL, III, et. al., Defendant.

MOTION FOR EXTENSION OF TIME TO RESPOND TO FLAGSTAR'S PETITION - POSSIBLE RESOLUTION

COMES NOW the United States of America, by and through Assistant United States Attorney Matthew T. Kirsch, and, with no objection from counsel as noted herein, moves for an extension of time to March 10, 2006 within which to respond to Flagstar's Petition to Amend Order of Forfeiture. As grounds therefor, the United States states: 1. This matter is set for sentencing on March 3, 2006 at 10:00 a.m. If forfeiture issues are resolved forfeiture will be handled at that time; if the forfeiture issues are not resolved, ancillary process will ensue pursuant to Fed.R.Crim.P32.2. 2. On October 14, 2005, this Court granted the United States' Motion for Forfeiture, and on November 8, 2005 the United States sent Notice of Forfeiture to defendants and other interested entities. On December 8, 2005, Flagstar Bank filed a Petition to Amend Order of Forfeiture. On December 12, 2005, the Court issued an order that the parties have until January 3, 2006 to file a Response to the Petition, and that Flagstar has up to January 13, 2006 to file a reply to the Response. In addition, on

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Case 1:04-cr-00153-LTB

Document 397

Filed 12/22/2005

Page 2 of 4

December 8, 2005, 20th Century Mortgage Inc. filed a Motion for Extension of Time to File Response/Reply to Notice of Forfeiture; on December 12, 2005 the Court granted an extension to January 7, 2006. On December 16, 2005, JP Morgan Chase Bank N.A. filed a Petition for Ancillary Hearing. 3. The undersigned Assistant United States Attorney and counsel for Flagstar have been earnestly involved in significant discussions regarding the possibility of resolving all parties' positions and disputes regarding the forfeiture. The settlement discussions involve the United States and eight financial institutions which are potential claimants in the ancillary process. If successful, the currently envisioned settlement would result in the Court's entry of a forfeiture order for the subject property at sentencing, with appropriate conditions for restitution and restoration to the victims; such a settlement and Order at sentencing would obviate the need for responses to the Petition and would eliminate the need for any ancillary forfeiture proceedings pursuant to Fed.R.Crim.P.32.2. 4. The United States suggests that requiring it and the other parties to file a Response in Opposition by January 3, 2006, and then for the Court to hold a hearing and render a decision, while the parties are engaged in significant settlement discussions, would be a waste of time and energy by counsel and the Court. Therefore, the United States, with the concurrence of opposing counsel as noted herein, moves that the time within which to file a Response to Flagstar's petition be extended to March 10, 2006, a week after sentencing. If the parties have settled the matter, forfeiture would be ordered as part of the sentencing; if not, Responses would be due by March 10, 2006, and the Court and parties can begin the ancillary process required by Fed.R.Crim.P.32.2. 5. The undersigned Assistant United States Attorney has discussed this Motion with opposing counsel for Flagstar, JP Morgan Chase, and 20th Century Mortgage, who indicate they have no objection.

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Case 1:04-cr-00153-LTB

Document 397

Filed 12/22/2005

Page 3 of 4

WHEREFORE, the United States, with the concurrence of opposing counsel, move that the time within which to respond to Flagstar's Petition to Amend Order of Forfeiture be continued until March 10, 2006. Dated this 22nd, day of December, 2005. Respectfully submitted, WILLIAM J. LEONE United States Attorney

By:/Matthew T. Kirsch MATTHEW T. KIRSCH Assistant United States Attorney 1225 17th Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0100 FAX: (303) 454-0402 E-mail: [email protected]

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on this 22nd day of December, 2005 I electronically filed the forgoing MOTION FOR EXTENSION OF TIME TO RESPOND TO FLAGSTAR'S PETITION - POSSIBLE RESOLUTION with the Clerk of the Court using the ECF system which shall send notification of such filing to the following e-mail address: Michael F. Arvin [email protected] [email protected] Charles W. Elliott [email protected] [email protected] Steven M. Feder [email protected] Peter John Korneffel, Jr [email protected] [email protected];[email protected];snumedahl@bhf3

Case 1:04-cr-00153-LTB

Document 397

Filed 12/22/2005

Page 4 of 4

law.com;[email protected];[email protected] Robert T. McAllister [email protected] [email protected] Larry S. Pozner [email protected] [email protected];[email protected] Randy S. Reisch [email protected] [email protected] Matthew J. Smith [email protected] [email protected] Earl H. Staelin [email protected] and, I hereby certify that on this 22nd day, of December, 2005 I mailed postage prepaid the forgoing MOTION FOR EXTENSION OF TIME TO RESPOND TO FLAGSTAR'S PETITION - POSSIBLE RESOLUTION to the following participant: Scott Robinson Scott H. Robinson, PC 1660 Lincoln #3150 Denver, CO 80264 By: s/Lois Limmel United States Attorney's Office

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